[ParlTrack]

Henri WEBER, Patrick GAUBERT, Anja WEISGERBER, Thomas MANN

Proposal for a directive
Article 7 – paragraph 3 a (new)

3a. Member States shall ensure, in accordance with their national judicial systems, that all persons who consider themselves wronged by failure to apply the principle of equal treatment to them can take legal action to assert their rights.

2009/02/04
Committee: LIBE

Henri WEBER, Patrick GAUBERT, Anja WEISGERBER, Thomas MANN

Proposal for a directive
Article 8

1. Member States shall take such measures as are necessary, in accordance with their national judicial systems, to ensure that, when persons who consider themselves wronged because the principle of equal treatment has not been applied to them establish, before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the respondent to prove that there has been no breach of the prohibition of discrimination. 2. Paragraph 1 shall not prevent Member States from introducing rules of evidence which are more favourable to plaintiffs. 3. Paragraph 1 shall not apply to criminal procedures. 4. Member States need not apply paragraph 1 to proceedings in which the court or competent body investigates the facts of the case. 5. Paragraphs 1, 2, 3 and 4 shall also apply to any legal proceedings commenced in accordance with Article 7(2).deleted

2009/02/04
Committee: LIBE

Henri WEBER, Patrick GAUBERT, Anja WEISGERBER, Thomas MANN

Proposal for a directive
Article 14

Member States shall lay down the rules on sanctions applicable to breaches of the national provisions adopted pursuant to this Directive, and shall take all measures necessary to ensure that they are applied. ~~Sanctions may comprise the payment of compensation, which may not be restricted by the fixing of a prior upper limit, and must be effective, proportionate and dissuasive.~~

2009/02/04
Committee: LIBE

3 Amendments of Henri WEBER related to 2008/0140(CNS)

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