2022/0400(COD) Union of equality: standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Joint Responsible Committee | ['FEMM', 'EMPL'] |
PIETIKÄINEN Sirpa ( EPP),
ANGEL Marc ( S&D)
|
ESTARÀS FERRAGUT Rosa ( EPP),
OHLSSON Carina ( S&D),
ORVILLE Max ( Renew),
TOLLERET Irène ( Renew),
FRANZ Romeo ( Verts/ALE),
PETER-HANSEN Kira Marie ( Verts/ALE),
REIL Guido ( ID),
DE LA PISA CARRIÓN Margarita ( ECR),
GUSMÃO José ( GUE/NGL),
RODRÍGUEZ PALOP Eugenia ( GUE/NGL)
|
| Committee Opinion | JURI | ||
| Committee Opinion | LIBE |
KUHNKE Alice ( Verts/ALE)
|
Clare DALY ( GUE/NGL)
|
Lead committee dossier:
Legal Basis:
RoP 57, RoP 58, TFEU 157-p3
Legal Basis:
RoP 57, RoP 58, TFEU 157-p3Subjects
Events
2024/05/29
Final act published in Official Journal
2024/05/14
CSL - Draft final act
Documents
2024/05/14
CSL - Final act signed
2024/05/07
EP/CSL - Act adopted by Council after Parliament's 1st reading
2024/04/10
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 479 votes to 116, with 25 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, and deleting Article 20 of Directive 2006/54/EC and Article 11 of Directive 2010/41/EU.
The position adopted by the European Parliament at first reading under the ordinary legislative procedure is as follows:
Independence
Member States should:
- take measures to ensure that equality bodies are independent and free from external influence, and that they do not seek or take instructions from the government or from any other public or private entity while performing their tasks and exercising their competences;
- provide for transparent procedures concerning the selection, appointment, revocation and potential conflicts of interest of the staff of equality bodies holding decision-making or managerial positions, and where applicable members of the governing board, in order to guarantee their competence and independence;
- ensure that equality bodies establish an internal structure that guarantees the independent, and where appropriate impartial, exercise of their competences.
- ensure that the internal structure of multi-mandate bodies guarantees the effective exercise of the equality mandate.
Awareness raising, prevention and promotion
Equality bodies should be empowered to carry out activities to prevent discrimination and to promote equal treatment. Such activities may, inter alia , include: (i) promoting positive action and gender mainstreaming among public and private entities, (ii) providing them with relevant training, advice and support, (iii) engaging in public debate, (iv) communicating with relevant stakeholders, including the social partners, and (v) promoting the exchange of good practices.
In carrying out such activities, equality bodies can take into consideration specific situations.
Assistance to victims
The amended text stipulated that equality bodies should provide assistance to victims, initially by informing them about the following: (a) the legal framework, including advice targeted to their specific situation; (b) the services offered by the equality body and related procedural aspects; (c) available remedies, including the possibility to pursue the case before the courts; (d) the confidentiality rules applicable, and the protection of personal data; and (e) the possibility of obtaining psychological or other types of relevant support from other bodies or organisations.
Alternative dispute resolution
Equality bodies should be able to offer the parties the possibility of seeking an alternative resolution to their dispute. That process may be led by the equality body itself or by another competent entity, in accordance with national law and practice, in which case the equality body may formulate observations to that entity. Such alternative dispute resolution may take different forms, such as mediation or conciliation, in accordance with national law and practice. The absence of a resolution should not preclude the parties from exercising their right to act in court proceedings.
Opinions and decisions
Equality bodies should be empowered to provide and document their assessment of the case, including establishing the facts and a reasoned conclusion on the existence of discrimination. Member States should determine whether this is to be done by means of non-binding opinions or binding decisions.
Litigation
The right of the equality body to act in court proceedings should include the right to submit observations to the court, in accordance with national law and practice. It should include at least one of the following: (a) the right to initiate court proceedings on behalf of one or several victims; (b) the right to participate in court proceedings in support of one or several victims; or, (c) the right to initiate court proceedings in its own name, in order to defend the public interest.
Accessibility and reasonable accommodations for persons with disabilities
Member States should ensure accessibility and provide reasonable accommodations for persons with disabilities to guarantee their equal access to all services and activities of equality bodies, including assistance to victims, complaint handling, alternative dispute resolution, information and publications, as well as prevention, promotion and awareness-raising activities.
Monitoring and reporting
By 24 months after the date of entry into force of this Directive, the Commission should, by means of an implementing act, establish a list of common indicators on the functioning of the equality bodies designated under this Directive.
Within the context of the monitoring and reporting exercise, and in order to enhance the dialogue between the Union institutions and to ensure greater transparency, the European Parliament may invite the Commission annually to discuss matters concerning the functioning of the equality bodies designated under this Directive. The European Parliament may express its views in resolutions.
Documents
2024/01/11
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2023/12/20
CSL - Coreper letter confirming interinstitutional agreement
Documents
2023/12/20
EP - Text agreed during interinstitutional negotiations
Documents
2023/11/23
EP - Results of vote in Parliament
Documents
2023/11/23
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71 - vote)
2023/11/20
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2023/11/10
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Employment and Social Affairs and the Committee on Women's Rights and Gender Equality adopted the report jointly presented by Marc ANGEL (S&D, LU) and Sirpa PIETIKÄINEN (EPP, FI) on the proposal for a directive of the European Parliament and of the Council on standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, and deleting Article 20 of Directive 2006/54/EC and Article 11 of Directive 2010/41/EU.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Subject matter, scope
The Directive lays down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their mandate, competences, independence and autonomy in order to strengthen the application of the principle of equal treatment enshrined in the TEU, the TFEU and the Charter and as derived from Directives 2006/54/EC and 2010/41/EU.
Member States should ensure that when complying with their obligations under this Directive and when equality bodies exercise their tasks thereunder the principle of equal treatment applies to all persons in all their diversity, irrespective of their sex, gender, gender identity, gender expression or sex characteristics.
Designation of Equality Bodies
Member States should ensure that equality bodies:
- are visible and involved at all stages and shall allow for full transparency and accountability in the process where they are part of national bodies responsible for the promotion of human rights or the protection of individuals' rights;
- cover single or multiple grounds of discrimination with a clear and appropriate focus on each of the grounds;
- ensure gender parity in leadership and senior management positions reflecting the diversity of society at large.
To ensure the transparency of these staff selection processes, for example, vacancy notices should be published and experts working with groups at risk of discrimination should be consulted throughout these processes.
Independence
Members insisted that equality bodies:
- be totally independent, autonomous and free from any external influence in the performance of their tasks and in the definition of their objectives and actions;
- not be set up within a ministry, a government agency or a body taking or seeking instructions from the government.
Resources
Each equality body should have budgetary and financial autonomy and be provided with the stable human, material, technical and financial resources necessary to perform all its tasks and to exercise all its competences effectively, on all the grounds and in all fields covered. Member States should ensure that equality bodies are allocated their budget in a stable manner, that their budget is planned on a multi-annual basis and that their resources and budget are adjusted upwards accordingly when their competences are increased. Member States shall ensure that equality bodies’ budgets cover costs that might be difficult to anticipate, such as costs linked to litigation.
Prevention, promotion and awareness raising
Member States should adopt a strategy to raise awareness of the general population, throughout their territory, with particular attention to individuals at risk of discrimination, such as young people, families in all their diversity, and groups at risk of discrimination, in a manner and in formats that are accessible for all, on the rights under Directives 2006/54/EC and 2010/41/EU and the way in which they can be exercised.
Equality bodies should be empowered to:
- carry out activities to prevent discrimination and to promote equal treatment , to guarantee their independence when they adopt a strategy defining how they will engage in public dialogue;
- provide training , advice and guidance to individuals and institutions in the public and private sector on good practices for promoting and achieving equality and preventing discrimination;
- promote equality duties , equality and gender mainstreaming and positive action among public and private entities, and to support, and provide guidance on, the implementation of equality duties, equality and gender mainstreaming and positive action, and;
- be able to carry out research on discrimination, including structural or systemic discrimination, and on online discrimination , including biases and algorithmic discrimination.
Equality bodies also should engage in the prevention of discrimination and in the promotion of equal treatment, to guarantee their independence when they adopt a strategy defining how they will engage in public dialogue, communicate with individuals, social partners, civil society and groups at risk of discrimination, and to ensure an inclusive approach in combating intersectional and multiple discrimination and underreporting.
Assistance to victims
Member States should ensure that equality bodies are able to provide support and assistance free of charge to victims. Equality bodies should be able to receive complaints of discrimination in any possible means, including orally, in writing and online.
Act in court
In addition to equality bodies’ rights to act as a party in proceedings, to submit observations to the court or to initiate or participate in proceedings on behalf or in support of one or several victims, they should also be able to initiate court proceedings in their own name when there is no individual complainant pursuing the case themselves, or to act in court proceedings when collective redress is used.
Member States should provide for the possibility for parties to resolve their disputes by means of alternative dispute resolution , including within the framework of a conciliation and mediation structure. Such alternative dispute resolution should be led by the equality body or another existing, independent, dedicated entity which is not related to the government.
Cooperation
Member States need to ensure that equality bodies have appropriate mechanisms in place to cooperate with other equality bodies within the same Member State, and with relevant public and private entities, including civil society organisations, at national, regional and local level, as well as in other Member States and at Union and international level. Local governments should be afforded the opportunity to approach equality bodies when they see examples of discrimination at a national level, irrespective of whether the alleged case of discrimination has taken place within that particular local area. Equality bodies should equally have the right to cooperate with the European Institute for Gender Equality (EIGE), European Network of Equality Bodies (Equinet) and European Union Agency for Fundamental Rights (FRA), as well as social partners and labour inspectorates.
Documents
2023/11/07
EP - Vote in committee, 1st reading
2023/11/07
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2023/10/12
EP - Committee opinion
Documents
2023/09/15
PT_PARLIAMENT - Contribution
Documents
2023/09/08
EP - Amendments tabled in committee
Documents
2023/07/06
EP - Committee draft report
Documents
2023/06/28
EP - KUHNKE Alice (Verts/ALE) appointed as rapporteur in LIBE
2023/06/19
EP - PIETIKÄINEN Sirpa (EPP) appointed as rapporteur in ['FEMM', 'EMPL']
2023/06/19
EP - ANGEL Marc (S&D) appointed as rapporteur in ['FEMM', 'EMPL']
2023/06/15
EP - Referral to associated committees announced in Parliament
2023/06/15
EP - Referral to joint committee announced in Parliament
2023/04/05
CZ_SENATE - Contribution
Documents
2023/03/24
IT_SENATE - Contribution
Documents
2023/03/22
ESC - Economic and Social Committee: opinion, report
Documents
2023/02/21
EDPS - Document attached to the procedure
Documents
2022/12/15
EP - Committee referral announced in Parliament, 1st reading
2022/12/08
EC - Document attached to the procedure
Documents
2022/12/08
EC - Document attached to the procedure
Documents
2022/12/07
EC - Legislative proposal published
Details
PURPOSE: to establish standards for equality bodies in matters of equal treatment between women and men in matters of employment, occupation, including self-employment.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: equality bodies play a key role in the EU's anti-discrimination architecture.
Directive 2006/54/EC prohibits discrimination on grounds of sex in access to employment and occupation, including promotion, and vocational training, working conditions, including pay, and occupational social security schemes. Directive 2010/41/EU prohibits discrimination between men and women engaged in a self-employed capacity.
Directives 2006/54/EC and 2010/41/EU define the competences of the equality bodies, which are to: (i) provide independent assistance to victims of discrimination in pursuing their complaints about discrimination; ii) carry out independent surveys concerning discrimination; iii) publish independent reports and make recommendations on all matters relating to discrimination; iv) exchange available information with corresponding European bodies.
The existing EU equality Directives do not include provisions on the actual structure and functioning of equality bodies , but only require that they have certain minimum competences, and that they act independently within the exercise of their remit. Due to the wide margin of discretion left to the Member States in implementing these provisions, there are significant differences between equality bodies across Member States, in particular as regards their mandate, powers, leadership, independence, resources, accessibility and effectiveness.
To ensure that equality bodies can achieve their full potential, contribute effectively to the enforcement of all equality Directives and help victims of discrimination access justice, the Commission adopted a Recommendation on standards for equality bodies in 2018. However, most of the issues the Recommendation aimed at addressing remained unresolved.
Therefore, the Commission proposes binding rules to strengthen the role and independence of equality bodies. The European Parliament and the Council have expressed their support for the adoption of new rules to strengthen the equality bodies.
CONTENT: the proposed Directive aims to set minimum standards for equality bodies , addressing their mandate, tasks, independence, structure, powers, accessibility and resources, to ensure that they can, alongside other actors:
- contribute effectively to the enforcement of Directive 2006/54/EC, including the provisions of the Work-Life Balance Directive, and Directive 2010/41/EU;
- effectively assist victims of discrimination to access justice; and
- promote equal treatment and preventing discrimination.
In concrete terms, the proposal:
- provides for the designation of an equal treatment body or bodies by Member States to combat discrimination falling within the scope of Directives 2006/54/EC and 2010/41/EU;
- establishes a general obligation of independence for equal treatment bodies. The specific requirements to ensure this independence relate to the legal structure, accountability, budget, staffing and organisational matters of equality bodies, as well as the rules applicable to their staff and management;
- establishes a general obligation for Member States to provide equality bodies with adequate resources to carry out all their tasks and exercise all their competences effectively;
- clarifies the role of equal treatment bodies in promoting equal treatment and preventing discrimination;
- specifies the way in which equality bodies are required to assist victims after receiving their complaint by providing information on the legal framework, the available remedies, the services they offer, the confidentiality rules applicable, the protection of personal data and the possibilities of obtaining psychological support;
- requires Member States to provide for the possibility of out-of-court dispute settlement , led by the equality body itself or by another existing specialised body, if all parties agree to initiate such a procedure;
- allows equality bodies to investigate possible cases of discrimination and to issue a motivated (non-binding) opinion or adopt a (binding) decision, following a complaint or on their own initiative;
- gives the equality bodies litigation powers to ensure compliance with the principle of equal treatment as set out in Directives 2006/54/EC and 2010/41/EU;
- requires accessibility of all services and reasonable accommodation for people with disabilities;
- ensures that equality Bodies are regularly consulted by government and other public institutions on public policies with equality and non-discrimination aspects;
- provides that equality Bodies (i) are obliged to collect data on their own activities, (ii) are entitled to conduct surveys, and (iii) have the possibility to play a coordinating role in the collection of equality-related data by other public or private entities;
- ensure that the equality bodies regularly plan and publicly report on their work and on the state of equal treatment and non-discrimination.
Documents
Documents
- Draft final act: 00092/2023/LEX
- Decision by Parliament, 1st reading: T9-0196/2024
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE757.960
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2023)007166
- Text agreed during interinstitutional negotiations: PE757.960
- Results of vote in Parliament: Results of vote in Parliament
- Committee report tabled for plenary, 1st reading: A9-0354/2023
- Committee opinion: PE751.894
- Contribution: COM(2022)0688
- Amendments tabled in committee: PE752.805
- Committee draft report: PE749.992
- Contribution: COM(2022)0688
- Contribution: COM(2022)0688
- Economic and Social Committee: opinion, report: CES5875/2022
- Document attached to the procedure: OJ C 064 21.02.2023, p. 0046
- Document attached to the procedure: N9-0015/2023
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0386
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0387
- Legislative proposal published: COM(2022)0688
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2022)0386
- Document attached to the procedure: EUR-Lex SWD(2022)0387
- Document attached to the procedure: OJ C 064 21.02.2023, p. 0046 N9-0015/2023
- Economic and Social Committee: opinion, report: CES5875/2022
- Committee draft report: PE749.992
- Amendments tabled in committee: PE752.805
- Committee opinion: PE751.894
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2023)007166
- Text agreed during interinstitutional negotiations: PE757.960
- Draft final act: 00092/2023/LEX
- Contribution: COM(2022)0688
- Contribution: COM(2022)0688
- Contribution: COM(2022)0688
Activities
Votes
A9-0354/2023 – Sirpa Pietikäinen, Marc Angel – Provisional agreement – Am 120 #
2024/04/10 Outcome: +: 479, -: 116, 0: 25
PPE
The Left
NI| Amendments | Dossier |
| 502 |
2022/0400(COD)
2023/09/08
EMPL, FEMM
502 amendments...
Amendment 100 #
(12) This Directive should apply to equality bodies’ action as regards the matters covered by Directives 2006/54/EC and 2010/41/EU. The standards should
Amendment 100 #
Proposal for a directive Recital 12 Amendment 101 #
Proposal for a directive Recital 12 a (new) (12a) Equality bodies’ action to ensure the application of the principle of equal opportunities and equal treatment of men and women should include grounds of discrimination such as gender, gender identity, gender expression and those listed in article 21 of the Charter of Fundamental Rights such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, as well as intersectional discrimination.
Amendment 101 #
Proposal for a directive Recital 14 (14) The
Amendment 102 #
(13a) It is vitally important to avoid the introduction of rules that would disrupt the natural processes connected with work and care. The equality bodies should respect the individual choices that parents and carers make, without causing undue stress for employers or violating their right to make independent decisions.
Amendment 102 #
Proposal for a directive Recital 15 (15) In promoting equal treatment, preventing discrimination and assisting victims of discrimination, equality bodies should pay particular attention to multiple and intersectional discrimination based on several of the grounds protected by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC, 2004/113/EC, 2006/54/EC and 2010/41/EU acknowledging that discrimination often affects persons on more than one ground, which creates specific disadvantage. Provisions relating to intersectional discrimination in the proposed Directive to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms should be taken into account in the implementation of this Direcitive.
Amendment 103 #
Proposal for a directive Recital 14 (14)
Amendment 103 #
Proposal for a directive Recital 15 (15) In promoting equal treatment, preventing discrimination and assisting victims of discrimination, equality bodies should pay particular attention to intersectional discrimination based on a combination of several of the grounds protected by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC, 2004/113/EC, 2006/54/EC and 2010/41/EU, as well as in the Charter, acknowledging that discrimination often affects persons on more than one ground, and this creates specific disadvantage.
Amendment 104 #
Proposal for a directive Recital 14 (14) The
Amendment 104 #
Proposal for a directive Recital 15 (15) In promoting equal treatment, preventing discrimination and assisting victims of discrimination, equality bodies should pay particular attention to multiple and intersectional discrimination based on several of the grounds protected by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC, 2004/113/EC, 2006/54/EC and 2010/41/EU, with the acknowledgement that persons can often be discriminated against on multiple grounds.
Amendment 105 #
(15) In promoting equal treatment, preventing discrimination and assisting victims of discrimination, equality bodies should pay particular attention to intersectional discrimination based on the combination of several of the grounds protected by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC, 2004/113/EC, 2006/54/EC and 2010/41/EU, as well as in the Charter, acknowledging that discrimination often affects persons on more than one ground, and this creates specific disadvantage. Incorporating an intersectional approach is key to understanding social inequalities, exclusion and discrimination from a comprehensive, systemic or structural perspective, while overcoming a single- axis approach to discrimination, which downplays its institutional and historical dimensions. Equality bodies should ensure a clear and appropriate focus on each of the grounds covered and on the intersections between them.
Amendment 105 #
Proposal for a directive Recital 16 (16) Equality bodies can only effectively play their role if they are able to take decisions and act with complete independence without being subject to any external influence, and especially political influence. For that purpose, Member States should take into account a number of criteria that contribute to the independence of equality bodies. Equality bodies should not be set up as part of a ministry or body taking instructions directly from the government. Any staff member or person holding a managerial position – for example as member of a board managing the equality body, head of the equality body, deputy or in case of interim – should be independent, qualified for their position, and selected through a transparent process. Equality bodies should be able to manage their own budget and resources, including by selecting and managing their own staff, and be able to set their own priorities, in accordance with their national priorities in correlation with European priorities.
Amendment 106 #
Proposal for a directive Recital 15 (15) In promoting equal treatment, preventing discrimination and assisting victims of discrimination, equality bodies should pay particular attention to discrimination and multiple discrimination based on several of the grounds protected by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC,
Amendment 106 #
Proposal for a directive Recital 16 (16) Equality bodies can only effectively play their role if they are able to act with complete independence without being subject to any external influence. For that purpose, Member States should take into account a number of criteria that contribute to the independence of equality bodies. Equality bodies should not be set up as part of a ministry or body taking instructions directly from the government. Any staff
Amendment 107 #
Proposal for a directive Recital 15 (15) In promoting equal treatment, preventing discrimination and assisting victims of discrimination, equality bodies should pay particular attention to multiple and instersectional discrimination based on several of the grounds protected by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC, 2004/113/EC, 2006/54/EC and 2010/41/EU.
Amendment 107 #
Proposal for a directive Recital 17 (17) To ensure that equality bodies can exercise all their competences and fulfil all their tasks,
Amendment 108 #
Proposal for a directive Recital 15 a (new) (15a) Equality bodies should be encouraged to act as sources of information and training rather than supervisory bodies. They should aim to promote understanding and open dialogue instead of becoming tools for driving certain ideologies. Their role should be advisory in nature, helping individuals and organisations to make valid choices.
Amendment 108 #
Proposal for a directive Recital 18 (18) The lack of appropriate financial and human resources is a key issue hampering the ability of equality bodies to adequately fulfil their tasks. Therefore, Member States should ensure that equality bodies receive sufficient funding, can hire qualified staff and have appropriate premises and infrastructure to carry out each of their tasks effectively, within reasonable time and within the deadlines established by national law. Their budgetary allocation should be stable,
Amendment 109 #
Proposal for a directive Recital 15 a (new) (15a.) The work of equality bodies must take into consideration, based on the economic and social structure of each Member State, the particular circumstances of small and medium-sized enterprises. The situation of self-employed workers should be treated likewise in terms of their structure;
Amendment 109 #
Proposal for a directive Recital 18 (18) The lack of appropriate resources is a key issue hampering the ability of equality bodies to adequately fulfil their
Amendment 110 #
Proposal for a directive Recital 16 (16) Equality bodies can only effectively play their role if they are able to act with complete independence without being subject to any external influence. For that purpose, Member States should take into account a number of criteria that contribute to the independence of equality bodies. Equality bodies should not be set up as part of a ministry or body taking instructions directly from the government or working under governmental objectives. Any staff member or person holding a managerial position – for example as member of a board managing the equality body, head of the equality body, deputy or in case of interim – should be independent, qualified
Amendment 110 #
Proposal for a directive Recital 18 (18) The lack of appropriate resources is a key issue hampering the ability of equality bodies to adequately fulfil their tasks. Therefore, Member States should ensure that equality bodies receive sufficient funding, can hire qualified staff and have appropriate premises and infrastructure to carry out each of their tasks effectively, within reasonable time and within the deadlines established by national law. Their budgetary allocation
Amendment 111 #
Proposal for a directive Recital 16 (16) Equality bodies can only effectively play their role if they are able to act with complete independence without being subject to any external influence. For that purpose, Member States should take into account a number of criteria that contribute to the independence of equality bodies. Equality bodies should not be set up as part of a ministry or body taking instructions directly from the government. Any staff member or person holding a managerial position – for example as member of a board managing the equality body, head of the equality body, deputy or in case of interim – should be independent, qualified for their position, and selected through a transparent process. Equality bodies should be able to manage their own budget and resources, including by selecting and managing their own staff, and be able to set their own priorities. Equality bodies should be free of inappropriate political influence and external pressure. Their structure should ensure a clear separation of functions in order to avoid conflicts of interest.
Amendment 111 #
Proposal for a directive Recital 19 (19) Automated systems, including artificial intelligence
Amendment 112 #
Proposal for a directive Recital 16 (16) Equality bodies can only effectively play their role if they are able to act with complete independence without being subject to any external influence. For that purpose, Member States should take into account a number of criteria that contribute to the independence of equality bodies. Equality bodies should not be set up as part of a ministry or body taking or seeking instructions directly from the government. Any permanent or temporary staff member or person holding a managerial position – for example as member of a board managing the equality body, head of the equality body, or deputy
Amendment 112 #
Proposal for a directive Recital 19 (19) Automated systems, including artificial intelligence, represent a useful tool to identify discrimination patterns, but algorithmic discrimination is also a risk. Equality bodies should therefore
Amendment 113 #
Proposal for a directive Recital 16 (16) Equality bodies can only effectively play their role if they are able to act with complete independence without being subject to any external influence. For that purpose, Member States should take into account a number of criteria that contribute to the independence of equality bodies. Equality bodies should not be set up as part of a ministry or body taking instructions directly from the government. Any staff member or person holding a managerial position – for example as member of a board managing the equality body, head of the equality body, deputy or in case of interim – should be independent, qualified for their position, and selected through a transparent process. Equality bodies should be able to manage their own budget and resources, including by selecting and managing their own staff, while respecting the principle of gender balance on all levels of staff, and be able to set their own priorities.
Amendment 113 #
Proposal for a directive Recital 21 (21) Beyond prevention, a central task of equality bodies is to provide assistance to victims of discrimination. This assistance should always include the provision of key information to complainants and a preliminary assessment of their complaint, based on the initial information gathered from the parties on a voluntary basis.
Amendment 114 #
Proposal for a directive Recital 16 (16) Equality bodies can only effectively play their role if they are able to act with complete independence without being subject to any external influence. For that purpose, Member States should take into account a number of criteria that contribute
Amendment 114 #
Proposal for a directive Recital 21 (21) Beyond prevention, a central task of equality bodies is to provide assistance to victims of discrimination. This assistance should always include the provision of key information to complainants and a preliminary assessment of their complaint, based on the initial information gathered from the parties on a voluntary basis.
Amendment 115 #
Proposal for a directive Recital 16 (16) Equality bodies can only effectively play their role if they are able to act with complete independence without being subject to any external influence. For that purpose, Member States should take into account a number of criteria that contribute to ensure the independence of equality bodies. Equality bodies should not be set up as part of a ministry or body taking instructions directly from the government. Any staff member or person holding a managerial position – for example as member of a board managing the equality body, head of the equality body, deputy or in case of interim – should be independent, qualified for their position, and selected through a transparent process. Equality bodies should be able to decide their internal structure and how to manage their own budget and resources, including by selecting and
Amendment 115 #
Proposal for a directive Recital 21 (21) Beyond prevention, a central task of equality bodies is to provide assistance to victims of discrimination. This assistance should always include the provision of key information to complainants and a preliminary assessment of their complaint, based on the initial information gathered from the parties on a
Amendment 116 #
Proposal for a directive Recital 16 (16) Equality bodies can only effectively play their role if they are able to act with complete independence without being subject to any external influence. For that purpose, Member States should take into account a number of criteria that contribute to the independence of equality bodies. Equality bodies should not be set up as part of a ministry or body taking instructions directly from the government. Any staff member or person holding a managerial position – for example as member of a board managing the equality body, head of the equality body, deputy or in case of interim – should be independent, qualified for their position, and selected through a transparent process. Equality bodies should be able to manage their own budget and resources, including by selecting and managing their own staff
Amendment 116 #
Proposal for a directive Recital 22 (22) To ensure that all victims are able to complain, it should be possible to submit complaints in various ways, including through the establishment of local offices or the establishment of accessible digital tools and platforms. Member States should also pay due regard to Commission Recommendation 2018/951 under which submission of complaints should be possible in a language
Amendment 117 #
Proposal for a directive Recital 16 a (new) (16a) Equality bodies must be independent of government but are not intended to form a political opposition; they must be completely independent of all political parties, as well as any kind of politicised and ideological lobbies, pressure groups and influence groups.
Amendment 117 #
Proposal for a directive Recital 22 (22) To ensure that all victims are able to complain, it should be possible to submit complaints in various ways. Member States should also pay due regard to Commission Recommendation 2018/951 under which submission of complaints should be possible in a language of the complainant's choosing which is common in the Member State where the equality body is located. To address one of the causes of underreporting, namely, fear of reprisals, and without prejudice to Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law70 , confidentiality should be offered to witnesses and whistle-blowers, and as far as possible, to complainants and others entities involved . _________________ 70 Directive (EU) 2019/1937 of the
Amendment 118 #
Proposal for a directive Recital 17 (17) To ensure that equality bodies can exercise all their competences and fulfil all their tasks,
Amendment 118 #
(22) To ensure that all victims are able to complain, it should be possible to submit complaints in various ways. Member States should also pay due regard to Commission Recommendation 2018/951 under which submission of complaints should be possible in a language
Amendment 119 #
Proposal for a directive Recital 17 (17) To ensure that equality bodies can exercise all their competences and fulfil all their tasks,
Amendment 119 #
Proposal for a directive Recital 23 (23) To offer a possibility for a quick, affordable, out of court resolution of disputes, Member States should provide for the possibility for parties to seek an amicable resolution to their disputes, by the equality body or another existing dedicated entity. They should define the modalities of the amicable settlement process according to national law. Engaging in a conciliation and mediation process should be subject to the agreement of the parties and should not prevent a party from exercising the right of access to court where that party does not accept the decision of the conciliation and mediation board.
Amendment 120 #
Proposal for a directive Recital 17 (17) To ensure that equality bodies can exercise all their competences and fulfil all their tasks, Member States should
Amendment 120 #
Proposal for a directive Recital 23 (23) To offer a possibility for a quick, as far as possible affordable, out of court resolution of disputes, Member States should provide for the possibility for parties to seek an amicable resolution to their disputes, by the equality body or another existing dedicated entity. They should define the modalities of the amicable settlement process according to national law.
Amendment 121 #
Proposal for a directive Recital 17 (
Amendment 121 #
Proposal for a directive Recital 27 (27) To promote their work and equality law and to better publicise their activities, equality bodies should be able to publish a summary of their opinions and
Amendment 122 #
Proposal for a directive Recital 17 a (new) (17a) Equality bodies need to contribute to the common good within the framework of the branches of government – legislative, executive and judicial – in a representative democracy. To this end, an appropriate accountability regime must be put in place to ensure that equality bodies pursue the aims of this Directive;
Amendment 122 #
Proposal for a directive Recital 28 (28) Equality bodies should have the right to act before institutions, adjudicatory bodies and in court proceedings in civil or administrative law matters in order to contribute to ensuring the respect of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU. While those court proceedings should be subject to national procedural law, including national rules on admissibility of actions, such rules, and in particular any condition of legitimate interest, cannot be applied in a way so as to undermine the effectiveness of the equality bodies’ right to act. The powers of investigation and decision- making and the right to act before institutions, adjudicatory bodies and in court proceedings given to equality bodies by this Directive will facilitate the practical implementation of the current provisions of Directives 2000/43/EC, 2000/78/EC and 2004/113/EC on the burden of proof and defence of rights. Under the conditions provided for in this Directive, equality bodies will be able to establish facts “from which it may be presumed that there has been direct or indirect discrimination”, thereby fulfilling the conditions provided for in Article 8 of Directive 2000/43/EC, Article 10 of Directive 2000/78/EC and Article 9 of Directive 2004/113/EC. Their support will therefore facilitate access to justice for victims.
Amendment 123 #
Proposal for a directive Recital 18 (18) The lack of appropriate and stable human, technical and financial resources is a key issue hampering the ability of equality bodies to adequately fulfil their tasks. Therefore, Member States should ensure that equality bodies receive sufficient funding, can hire the necessary amount of qualified staff and have appropriate premises and infrastructure to carry out each of their tasks effectively, within reasonable time and within the deadlines established by national law. Their budgetary allocation should be stable
Amendment 123 #
Proposal for a directive Recital 29 (29) Legal standing allows equality bodies to act on behalf or in support of victims, allowing them to access justice where procedural and financial barriers or a fear of victimisation often deters them. Legal standing also allows equality bodies to strategically select the cases they decide to pursue in front of national courts, and to contribute to the proper interpretation and application of equal treatment legislation, as well as to the regular supplementing and improvement of existing legislation.
Amendment 124 #
Proposal for a directive Recital 18 (18) The lack of
Amendment 124 #
Proposal for a directive Recital 30 (30) Some instances of discrimination are difficult to fight because there is no complainant pursuing the case themselves. In its judgment in Case C-54/07 (Feryn)71 , which was brought by an equality body in its own name, the Court of Justice confirmed that discrimination can be established even in the absence of an identified victim. It is therefore important that equality bodies can act and initiate court proceedings in their own name, to defend the public interest
Amendment 125 #
Proposal for a directive Recital 18 (18) The lack of appropriate resources is a key issue hampering the ability of equality bodies to adequately fulfil their tasks. Therefore, Member States should ensure that equality bodies receive sufficient funding, can hire qualified staff and have appropriate premises and infrastructure to carry out each of their tasks effectively, within reasonable time and within the deadlines established by national law. Their budgetary allocation should be stable, except in case of increase in competences, planned on a multi-annual basis, and allow them to cover costs that may be difficult to anticipate such as costs linked to litigation. To ensure that equality bodies are provided with sufficient resources, their budget should for instance not be any arbitrary or disproportionate reduction in the budget of the equality bodies not suffer cuts that are significantly higher than the average cuts to other public entities; similarly
Amendment 125 #
Proposal for a directive Recital 30 (30) Some instances of discrimination are difficult to fight because there is no complainant pursuing the case themselves. In its judgment in Case C-54/07 (Feryn)71 , which was brought by an equality body in its own name, the Court of Justice confirmed that discrimination can
Amendment 126 #
(18) The lack of a
Amendment 126 #
Proposal for a directive Recital 30 a (new) (30a) This Directive also aims at addressing instances of discrimination involving the procedures, routines and organisational culture of any private or public organisation, including law enforcement authorities, that contribute to less favourable outcomes for some particular groups of the population. Equality bodies should be able to step up measures to prevent institutional discrimination, and develop systemic remedies that enable a coherent response to structural or systemic discrimination across all sectors.
Amendment 127 #
Proposal for a directive Recital 18 a (new) (18a) In order to ensure the independence of equality bodies, they must avoid any political bias, manipulation or ideologisation of their functions in their actions and respect the common criteria set out in this Directive;
Amendment 127 #
Proposal for a directive Recital 31 (31) Equality bodies should also be able to submit oral or written statements to the courts, institutions and adjudicatory bodies - e.g. as amicus curiae, third party or expert – as a lighter way to support cases with their expert opinion.
Amendment 128 #
Proposal for a directive Recital 18 b (new) (18b) Resources intended for the execution of the work of equality bodies must be optimised in order to effectively and efficiently serve the objectives established in this Directive. To this end, the work of equality bodies must be subject to transparency checks;
Amendment 128 #
Proposal for a directive Recital 32 (32) Equality bodies’ rights to act before institutions, adjudicatory bodies and in court must respect the principles of fair
Amendment 129 #
Proposal for a directive Recital 18 c (new) (18c) In particular, the optimisation of resources may be carried out through appropriate cooperation between equality bodies and the labour inspectorate;
Amendment 129 #
Proposal for a directive Recital 35 (35) The effectiveness of equality bodies’ work also depends on giving groups at risk of discrimination full access to their services. In a survey conducted by the European Union Fundamental Rights Agency72 , 71% of members of ethnic or immigrant minority groups reported to be unaware of any organisation offering support or advice to victims of discrimination. A key step to support this access is for each Member State
Amendment 130 #
Proposal for a directive Recital 19 (19) Automated systems, including artificial intelligence,
Amendment 130 #
Proposal for a directive Recital 36 (36) Access to equality bodies’ services and publications on an equal basis for all should be guaranteed, including through the provision of digital platforms or tools. For that purpose, potential barriers to access to equality bodies’ services should be identified and addressed. Services should be free of charge for complainants. Member States should also make sure that the services of equality bodies are available to all potential victims throughout their territory, for example through the establishment of local offices, including mobile ones, the organisation of local campaigns or cooperation with local delegates or civil society organisations. Special attention should be paid to ensure access for disadvantaged groups.
Amendment 131 #
Proposal for a directive Recital 19 (19) Automated systems, including artificial intelligence, represent a useful tool to identify discrimination patterns, but algorithmic discrimination is also a risk. Equality bodies should therefore have access to qualified staff or services, able to use automated systems for their work on the one hand and to assess them as regards
Amendment 131 #
Proposal for a directive Recital 36 (36) Access to equality bodies’ services and publications on an equal basis for all should be guaranteed. For that purpose, potential barriers to access to equality bodies’ services should be identified and addressed. Services should be free of charge for complainants. Member States
Amendment 132 #
Proposal for a directive Recital 19 (19) Automated systems, including artificial intelligence, represent a useful tool to identify discrimination patterns, but algorithmic discrimination is also a risk. Equality bodies should therefore have access to qualified staff or services, able to use automated systems for their work on the one hand and to assess them as regards their compliance with non-discrimination rules on the other hand. Particular attention should be devoted to equipping equality bodies with
Amendment 132 #
Proposal for a directive Recital 37 (37) The Union and all Member States are parties to the UN Convention on the Rights of Persons with Disabilities73 (UNCRPD), which includes the obligation to prohibit discrimination on the basis of disability and to guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. This Directive should be interpreted in a manner consistent with the UNCRPD. To guarantee equal and effective legal protection and access for persons with disabilities to all services and activities of equality bodies, it is necessary to ensure accessibility, in accordance with requirements set out in Directive (EU) 2019/882, and reasonable accommodation. Equality bodies should ensure physical and digital74 accessibility by preventing and removing the barriers that persons with disabilities may face in accessing their services and information, and provide reasonable accommodation, taking necessary and appropriate modification and adjustments where needed in a particular case. Under their mandate, equality bodies should cover all forms of discrimination faced by persons with disabilities in line with the UNCRPD, including direct and indirect discrimination, denial of reasonable accommodation, discrimination by association, harassment, instruction to discriminate, as well as victimization and hate speech. _________________ 73 OJ L 23, 27.1.2010, p. 37.
Amendment 133 #
Proposal for a directive Recital 20 (20) Equality bodies, alongside other actors, have a
Amendment 133 #
Proposal for a directive Recital 38 (38) Enabling equality bodies to regularly coordinate and cooperate at different levels, on a long-term basis, is key for mutual learning, coherence and consistency, and it may broaden the outreach and impact of their work. Equality bodies should cooperate, in particular, with other equality bodies in the same Member State and in other Member States – including in the framework of the European Network of Equality Bodies (Equinet) – and with public and private entities at local, regional, national, Union and international level, such as social partners, civil society organisations, data protection authorities, trade unions, labour and education inspectorates, law enforcement bodies, agencies with responsibility at national level for the defence of human rights, authorities managing Union funds, National Roma Contact Points, consumer
Amendment 134 #
Proposal for a directive Recital 20 (20) Equality bodies, alongside other actors, and in particular social partners, have a key role to play in the prevention of discrimination and the promotion of equality. To address the structural aspects of discrimination and to contribute to social change, they should promote equality duties, good practices, positive action and equality mainstreaming among both public and private entities, and provide them with relevant training, information, advice, guidance and support. They should communicate with
Amendment 134 #
Proposal for a directive Recital 39 (39) Equality bodies cannot fully play their role as experts in equal treatment if they are not consulted sufficiently early during the policymaking process on matters related to rights and obligations derived from Directives 2006/54/EC and 2010/41/EU. Therefore, Member States should establish transparent procedures to ensure that consultation in a timely manner. They should also allow equality bodies to make and publish recommendations and
Amendment 135 #
Proposal for a directive Recital 20 (20) Equality bodies, alongside other actors, have a key role to play in the prevention of discrimination and the promotion of equality. T
Amendment 135 #
Proposal for a directive Recital 41 (41) In addition to publishing an annual report on their activities, equality bodies
Amendment 136 #
Proposal for a directive Recital 20 (20) Equality bodies, alongside other actors, such as social partners and civil society organisations, have a key role to play in the prevention of discrimination and the promotion of equality. To address the structural aspects of discrimination and to contribute to social change, they should promote equality duties, good practices, positive action and equality mainstreaming among public and private entities, and provide them with relevant training, information, advice, guidance and support. They should communicate with public and private entities and groups at risks of discrimination and engage in public debate in order to combat stereotypes and raise awareness about diversity and its benefits, a key pillar of the Union’s equality strategies. Equality bodies should also raise awareness about intersectional discrimination and the importance to apply an intersectional approach when designing policies, programmes, funds and activities.
Amendment 136 #
Proposal for a directive Recital 43 (43) In order to assess the effectiveness of this Directive it is necessary to establish a mechanism to monitor its application and, in addition to monitoring compliance, assess its practical effects. The Commission should be in charge of that monitoring and regularly draw up an application report based on the appropriate data collected by Member States and all relevant stakeholders. In order to ensure uniform conditions for the implementation of Member States’ reporting obligations pursuant to Article 16(2) as regards the practical effects of this Directive, implementing powers should be conferred on the Commission to establish a list of
Amendment 137 #
Proposal for a directive Recital 20 (20) Equality bodies, alongside other actors, have a key role to play in the prevention of discrimination and the promotion of equality. To address the structural aspects of discrimination and to contribute to social change,
Amendment 137 #
Proposal for a directive Recital 44 (44) This Directive lays down minimum requirements
Amendment 138 #
Proposal for a directive Recital 20 (20) Equality bodies, alongside other actors, have a key role to play in the prevention of discrimination and the promotion of equality. . To address the structural aspects of discrimination and to contribute to social change, they should promote equality duties, good practices
Amendment 138 #
Proposal for a directive Article 1 – paragraph 2 2. The obligations placed on Member States and the tasks of equality bodies under this Directive shall cover the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU, as well as cases of structural or systemic discrimination in private and public sectors, including in law enforcement authorities.
Amendment 139 #
Proposal for a directive Recital 20 (20) Equality bodies, alongside other actors,
Amendment 139 #
Proposal for a directive Article 2 – title De
Amendment 140 #
Proposal for a directive Recital 20 a (new) (20a) To ensure that equality bodies actively consider the objective of equality between women and men, in all their diversity, when implementing provisions in the areas referred to in this Directive, Member States should actively promote gender mainstreaming and gender budgeting, as internationally recognised tools to reach gender equality.
Amendment 140 #
Proposal for a directive Article 2 – paragraph 1 Member States shall designate and provide the necessary resources for one or more bodies (hereinafter referred to as ‘equality bodies’) to exercise the competences laid down in this Directive.
Amendment 141 #
Proposal for a directive Recital 21 (21) Beyond prevention, a central task of equality bodies is to provide assistance to victims of discrimination. This assistance should always be free of charge and include the provision of key information to complainants and a preliminary assessment of their complaint,
Amendment 141 #
Proposal for a directive Article 2 – paragraph 2 Equality bodies may form part of agencies with responsibility at national level for the
Amendment 142 #
Proposal for a directive Recital 21 (21) Beyond prevention, a central task of equality bodies is to provide assistance to victims of discrimination. This assistance should always include the provision of key information to complainants
Amendment 142 #
Proposal for a directive Article 2 – paragraph 2 Equality bodies may form part of agencies with responsibility at national level for the defence of human rights or the safeguarding of individuals' rights, insofar as this does not undermine the capacity of either the equality body or the relevant agency to carry out its work.
Amendment 143 #
Proposal for a directive Recital 21 (21) Beyond prevention, a central task of equality bodies is to provide assistance to victims of discrimination. This assistance should always include the provision of key information to complainants and a preliminary assessment of their complaint, based on the initial
Amendment 143 #
Proposal for a directive Article 2 – paragraph 2 a (new) This directive is without prejudice to the competences of labour inspectorates or other enforcement bodies, as well as the social partners.
Amendment 144 #
Proposal for a directive Recital 21 (21) Beyond prevention, a central task of equality bodies is to provide comprehensive support and assistance to victims of discrimination. This support and assistance should, a
Amendment 144 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall take measures to ensure that equality bodies are independent and free from external influence in performing their tasks and exercising their competences, in particular as regards their legal structure, accountability, budget, staffing, and organisational matters. Equality bodies shall not be set up as part of a ministry or body taking instructions directly from the government.
Amendment 145 #
Proposal for a directive Recital 21 (21) Beyond prevention, a central task of equality bodies is to provide assistance to victims of discrimination. This assistance should always include the provision of key information to complainants and a preliminary assessment of their complaint, based on the initial information gathered from the parties on a voluntary basis. Member States should be in charge of defining the modalities under which the equality body would issue this assessment, such as the timeframe of the process or procedural safeguards against repetitive or abusive complaints, so that it may effectively be integrated into their legal system.
Amendment 145 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall take measures to ensure that equality bodies are independent and free from external influence in performing their tasks and exercising their competences, in particular as regards their legal structure, accountability, budget, staffing, and organisational matters. Equality bodies shall not be set up as part of a ministry or body taking instructions from the government.
Amendment 146 #
Proposal for a directive Recital 21 (21) Beyond prevention, a central task of equality bodies is to provide assistance to victims of discrimination. This assistance should always include the provision of key information to complainants and a preliminary assessment of their complaint, based on the initial information gathered from the parties on a voluntary basis.
Amendment 146 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall take measures to ensure that equality bodies are independent and free from external influence, and especially political influence, in performing their tasks and exercising their competences, in particular as regards their legal structure, accountability, budget, staffing, and organisational matters.
Amendment 147 #
Proposal for a directive Recital 22 (22) To ensure that all victims are able to complain, it should be possible to submit complaints in various ways, including orally, in writing and online and through a designated representative. Member States should also pay due regard to Commission Recommendation 2018/951 under which submission of complaints should be possible in a language of the complainant's choosing which is common in the Member State where the equality body is located. To address one of the causes of underreporting, namely, fear of reprisals, and without prejudice to Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law70
Amendment 147 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall take measures to ensure that equality bodies are
Amendment 148 #
Proposal for a directive Recital 22 (22) To ensure that all victims are able to complain, it should be possible to submit complaints in various ways. Member States should also pay due regard to Commission Recommendation 2018/951 under which submission of complaints should be possible in a language of the complainant's choosing which is common in the Member State where the equality body is located. Similarly, assistance in submitting complaints in accessible formats for persons with disabilities should also be facilitated. To address one of the causes of underreporting, namely, fear of reprisals, and without prejudice to Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law70, confidentiality should be offered to witnesses and whistle-blowers, and as far as possible, to complainants. _________________ 70 Directive (EU) 2019/1937 of the
Amendment 148 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 (new) Equality bodies shall be completely distinct and free, structurually, methodologically and legally, from any ministerial, governmental or related entities or bodies.
Amendment 149 #
Proposal for a directive Recital 22 (22) To ensure that all victims are able to complain, it should be possible to submit complaints in various ways. Member States should also pay due regard to Commission Recommendation 2018/951 under which submission of complaints should be possible in a language of the complainant's choosing
Amendment 149 #
Proposal for a directive Article 3 – paragraph 1 a (new) 1a. Member States shall ensure that equality bodies are not set up within a ministry, a government body or a body taking instructions from the government in order to preserve their nature as independent bodies.
Amendment 150 #
Proposal for a directive Recital 22 (22) To ensure that all victims are able to complain, it should be possible to submit complaints in various ways. Member States should also pay due regard to Commission Recommendation 2018/951
Amendment 150 #
Proposal for a directive Article 3 – paragraph 2 2. Member States shall provide for transparent rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff of equality bodies, for example by consulting experts during the process for selecting staff. Those rules and safeguards shall concern, in particular, persons holding
Amendment 151 #
Proposal for a directive Recital 23 (23) To offer a possibility for a quick, affordable, out of court resolution of disputes, Member States should provide for the possibility for parties to
Amendment 151 #
Proposal for a directive Article 3 – paragraph 2 2. Member States shall provide for transparent rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff of equality bodies, in particular persons holding a managerial position, in order to guarantee their competence, impartiality and independence, in particular with regard to avoiding any interference from the goverment.
Amendment 152 #
Proposal for a directive Recital 23 (23) To offer a possibility for a quick, affordable, out of court resolution of disputes, Member States should provide for the possibility for parties to
Amendment 152 #
Proposal for a directive Article 3 – paragraph 2 2. Member States shall provide for transparent rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff of equality bodies, in particular persons holding a managerial position, including members of governing or management boards, where applicable, in order to guarantee their competence and independence.
Amendment 153 #
Proposal for a directive Recital 23 (23) To offer a possibility for a quick, affordable, out of court resolution of disputes, Member States should provide for the possibility for parties to seek an a
Amendment 153 #
2. Member States shall provide for transparent and clear rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff of equality bodies, in particular persons holding a managerial position, in order to guarantee their competence and independence.
Amendment 154 #
Proposal for a directive Recital 25 (25) Evidence is key in determining whether discrimination has taken place and it is often in the hands of the alleged perpetrator. Equality bodies should therefore be able to compel access to the necessary information and documents to establish discrimination and cooperate with the relevant public services – such as labour inspectorates or education inspectorates and social partners. Member States should establish an appropriate framework for the exercise of this competence, in accordance with national rules and procedures. Equality bodies may fully or partially entrust another competent body with conducting or collaborating on inquiries. This competent body should provide the equality body, upon its request, with the results of the inquiry.
Amendment 154 #
Proposal for a directive Article 3 – paragraph 2 2. Member States shall provide for transparen
Amendment 155 #
Proposal for a directive Recital 25 (25) Evidence is key in determining whether discrimination has taken place and it is often in the hands of the alleged perpetrator. Equality bodies should therefore be able to access the necessary information to
Amendment 155 #
Proposal for a directive Article 3 – paragraph 2 2. Member States shall provide for transparent rules and safeguards concerning the selection, appointment,
Amendment 156 #
Proposal for a directive Recital 26 (26) On the basis of the evidence gathered,
Amendment 156 #
Proposal for a directive Article 3 – paragraph 3 3. Member States shall ensure that the appropriate
Amendment 157 #
Proposal for a directive Recital 26 (26) On the basis of the evidence gathered, either voluntarily or through an investigation, equality bodies should be empowered to provide their assessment to the complainant and the alleged perpetrator. Member States should determine the legal value of this assessment that can be a non-
Amendment 157 #
Proposal for a directive Article 3 – paragraph 3 3.
Amendment 158 #
Proposal for a directive Recital 26 (26) On the basis of the evidence
Amendment 158 #
Proposal for a directive Article 3 – paragraph 4 4. Member States shall ensure that a
Amendment 159 #
Proposal for a directive Recital 27 (27) To promote their work and equality law, equality bodies should be able to publish a summary of their opinions and decisions without disclosing personal data. Equality bodies should be able to disclose personal data where such disclosure is provided for under national law, for example as a penalty for a finding of discrimination.
Amendment 159 #
Proposal for a directive Article 3 – paragraph 4 4.
Amendment 160 #
Proposal for a directive Recital 27 (27) To promote their work and equality law, equality bodies should be able to publish
Amendment 160 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that each equality body is provided with the human, technical and financial resources necessary to perform all its tasks and to
Amendment 161 #
Proposal for a directive Recital 27 (27) To promote their work and equality law, equality bodies
Amendment 161 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that each equality body is provided with the human, technical
Amendment 162 #
Proposal for a directive Recital 28 (28) Equality bodies should have the right to act in court proceedings in civil or administrative law matters in order to contribute to ensuring the respect of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU. While those court proceedings should be subject to national procedural law, including national rules on admissibility of actions, such rules, and in particular any condition of legitimate interest, cannot be applied in a way so as to undermine the
Amendment 162 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that each equality body is provided with the human, technical and financial resources necessary to perform all its tasks and to exercise all its competences effectively, on all the grounds and in all fields covered by Directives 2006/54/EC and 2010/41/EU including in the event of increases in competences, increases in complaints, litigation costs and the use of automated systems. Member States shall ensure that equality bodies’ budgets cover unexpected costs, such as costs linked to litigation. Member States shall ensure that their resources and budget are adjusted appropriately, if the competences of equality bodies are increased.
Amendment 163 #
Proposal for a directive Recital 28 (28) Equality bodies should have the right to act in court proceedings in civil or administrative law matters in order to contribute to ensuring the respect of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU. While those court proceedings should be subject to national procedural law, including national rules on admissibility of actions, such rules, and in particular any condition of legitimate interest, cannot be applied in a way so as to undermine the effectiveness of the equality bodies’ right to act. The powers of investigation and decision-making and the right to act in
Amendment 163 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall, in accordance with their national budgetary processes, ensure that each equality body is provided with the human, technical and financial resources necessary to perform
Amendment 164 #
Proposal for a directive Recital 30 (30) Some instances of discrimination are difficult to fight because there
Amendment 164 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that each equality body is provided with the human, technical and financial resources necessary to perform all its tasks and to exercise all its competences effectively, on all the grounds and in all fields covered by Directives 2006/54/EC and 2010/41/EU including in the event of increases in competences, increases in complaints
Amendment 165 #
Proposal for a directive Recital 30 (30) Some instances of discrimination are difficult to fight because there is no complainant pursuing the case themselves. In its judgment in Case C-54/07 (Feryn)71
Amendment 165 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. Member States shall ensure that the staff of each equality body have received specific training on all grounds of discrimination referred to in Directives 2006/54/EC and 2010/41/EU and in the forms of violence referred to in Directive of the European Parliament and of the Council on combating violence against women and domestic violence.
Amendment 166 #
Proposal for a directive Recital 30 (30) Some instances of discrimination are difficult to fight because there is no complainant pursuing the case themselves. In its judgment in Case C-54/07 (Feryn)71
Amendment 166 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. Member States shall ensure that the budgetary allocation for equality bodies is stable, planned on a multi-year basis and with sufficient contingency inbuilt to allow for unpredictable costs, such as those linked to litigation.
Amendment 167 #
Proposal for a directive Recital 31 (31) Equality bodies should also be able to submit oral or written statements to the courts as third-party interventions - e.g. amicus curiae – as a
Amendment 167 #
Proposal for a directive Article 4 – paragraph 2 Amendment 168 #
Proposal for a directive Recital 32 Amendment 168 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) adopt a national strategy to raise awareness of the general population, throughout their territory, with particular attention to individuals and groups at risk of discrimination, on the rights under
Amendment 169 #
Proposal for a directive Recital 32 Amendment 169 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) adopt a strategy in the consultation with representives of civil society, and social partners to raise awareness of the general population, throughout their territory, with particular attention to individuals and groups at risk of discrimination, on the rights under Directives 2006/54/EC and 2010/41/EU and on the existence of equality bodies and their services; the strategy shall include information campaigns using different communication tools, including social media;
Amendment 170 #
Proposal for a directive Recital 32 (32) Equality bodies’ rights to act in court must respect the principles of fair trial and equality of arms. Therefore, except where the equality body acts as a party in proceedings on the enforcement or judicial review of an own decision or acts as amicus curiae, the equality body should not be allowed to submit in court proceedings evidence obtained through previous investigations of the same case which the alleged perpetrator or any third party was legally bound to provide except with the consent of the alleged perpetrator or third party.
Amendment 170 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) adopt a strategy to regularly inform and raise awareness of the general population, throughout their
Amendment 171 #
Proposal for a directive Recital 33 a (new) (33a) In particular, the right to the presumption of innocence, a fundamental pillar of the rule of law, must be respected. The Member States shall, in accordance with their national legal framework, determine the appropriate procedural guarantees to be applied in cases of potential infringements of the principle of equality;
Amendment 171 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) ensure that equality bodies engage in the prevention of discrimination and in the promotion of equal treatment, and adopt a national strategy
Amendment 172 #
Proposal for a directive Recital 34 (34) The provisions on the equality bodies’ right to act in court proceedings do not alter the rights of victims and of associations, organisations or other legal entities that enforce the rights of victims which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that Directives 2006/54/EC and 2010/41/EU are complied with, as laid down in those Directives. The role of equality bodies in court proceedings should be clearly defined so as to avoid needless overlap with the tasks of other bodies that monitor rights. In this way, a balanced approach to discrimination is assured and overlapping measures are avoided.
Amendment 172 #
Proposal for a directive Article 5 – paragraph 1 – point b a (new) (ba) Equality bodies shall also be able to conduct research on discrimination, including structural, systemic and intersectional discrimination, as well as online discrimination, including discrimination resulting from algorithims.
Amendment 173 #
Proposal for a directive Recital 35 (35) The effectiveness of equality bodies’ work also depends on giving groups at risk of discrimination full access to their services. In a survey conducted by the European Union Fundamental Rights Agency72
Amendment 173 #
Proposal for a directive Article 5 – paragraph 2 In doing so, Member States and equality bodies shall take into consideration the most appropriate communication tools and formats for each target group. They shall focus in particular on disadvantaged groups whose access to information can be hindered, for example by their economic status, age, disability, literacy, nationality, residence status or their lack of access to online tools. The Commission shall issue guidelines for these strategies, give an opinion on the quality and effectiveness of the strategy, and monitor their implementation, including the issuance of a yearly report on their implementation progress.
Amendment 174 #
Proposal for a directive Recital 35 (35) The effectiveness of equality bodies’ work also depends on giving groups at risk of discrimination full access to their services. In a survey conducted by the European Union Fundamental Rights Agency72
Amendment 174 #
Proposal for a directive Article 5 – paragraph 2 In doing so, Member States and equality bodies shall take into consideration the most appropriate communication tools and formats for each target group. They shall focus in particular on disadvantaged groups whose access to information can be hindered, for example by their economic status, age, disability, literacy, nationality, residence status or their lack of access to
Amendment 175 #
Proposal for a directive Recital 35 (35) The effectiveness of equality bodies’ work also depends on giving groups at risk of discrimination full access to their services. In a survey conducted by the European Union Fundamental Rights Agency72, 71% of members of ethnic or immigrant minority groups reported to be unaware of any organisation offering support or advice to victims of discrimination. A key step to support this access is for each Member State
Amendment 175 #
Proposal for a directive Article 5 – paragraph 2 In doing so, Member States and equality bodies shall take into consideration the most appropriate communication tools and formats for each target group. They shall focus in particular on disadvantaged groups whose access to information can be hindered, for example by their economic status, age, disability, health condition, literacy, nationality, ethnicity, residence status or their lack of access to online tools.
Amendment 176 #
Proposal for a directive Recital 36 (36) Access to equality bodies’ services and publications on an equal basis for all should be guaranteed. For that purpose, potential barriers to access to equality bodies’ services should be identified and addressed. Services should be free of charge for complainants. Member States should also make sure that the services of equality bodies are available to all potential victims throughout their territory, for example through the establishment of local offices, including mobile ones, the
Amendment 176 #
Proposal for a directive Article 6 – title Assistance to victims and persons who have experienced discrimination
Amendment 177 #
Proposal for a directive Recital 36 (36) Access to equality bodies’ services and publications on an equal basis for all should be guaranteed. For that purpose, potential barriers to access to equality bodies’ services should be identified and addressed. Services should be free of charge for all complainants. Member States should also make sure that the services of equality bodies are available to all potential victims throughout their territory, for example through the establishment of local offices, including mobile ones, easy-to-use digital tools and solutions, the organisation of local campaigns
Amendment 177 #
1. Member States shall ensure that equality bodies are able to provide assistance
Amendment 178 #
Proposal for a directive Recital 36 (36) Access to equality bodies’ services and publications on an equal basis for all should be guaranteed. For that purpose, potential barriers to access to equality bodies’ services should be identified and addressed. Services should be free of charge for complainants. Member States should also, without prejudice to the autonomy of regional and local authorities, make sure that the services of equality bodies are available to all potential victims throughout their territory, for example through the establishment of local offices, including mobile ones, the organisation of local campaigns or cooperation with local delegates or civil society organisations.
Amendment 178 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 (new) "Assistance" shall refer also to any emotional and legal support, or other means that a victim of discrimination may require.
Amendment 179 #
Proposal for a directive Recital 36 (36) Access to equality bodies’ services and publications on an equal basis for all should be guaranteed. For that purpose, potential barriers to access to equality bodies’ services should be identified and addressed. Services should be free of charge for complainants. Member States should also make sure that the services of equality bodies are available to all potential victims throughout their territory, for example through the establishment of local offices, including mobile ones, the organisation of local campaigns or cooperation with local delegates, social partners, as well as business chambers, or civil society organisations.
Amendment 179 #
Proposal for a directive Article 6 – paragraph 2 2. Equality bodies shall be able to receive complaints of discrimination
Amendment 180 #
Proposal for a directive Recital 36 (36) Access to equality bodies’ services and publications on an equal basis for all should be guaranteed. For that purpose, potential barriers to access to equality bodies’ services should be identified and addressed. Services should be free of charge for complainants. Member States should also make sure that the services of equality bodies are available to all potential
Amendment 180 #
Equality bodies shall provide assistance to victims, initially by informing them on the legal framework and their rights therein, including advice targeted to their specific situation, on the services offered by the equality body and related procedural aspects, as well as on available remedies, including the possibility to pursue a case in court.
Amendment 181 #
Proposal for a directive Recital 36 (36) Access to equality bodies’ services and publications on an equal basis for all should be guaranteed. For that purpose, potential barriers to access to equality bodies’ services should be identified and addressed. Services should be free of charge for complainants. Member States should also make sure that the services of equality bodies are available to all potential victims throughout their territory, for example through the establishment of local and regional offices, including mobile ones, the organisation of local campaigns or cooperation with local delegates or civil society organisations.
Amendment 181 #
Proposal for a directive Article 6 – paragraph 3 – subparagraph 1 Equality bodies shall provide assistance to victims, initially by informing them on the legal framework,
Amendment 182 #
Proposal for a directive Recital 36 (36) Access to equality bodies’ services and publications on an equal basis for all
Amendment 182 #
Proposal for a directive Article 6 – paragraph 4 – subparagraph 1 Amendment 183 #
Proposal for a directive Recital 36 a (new) (36a) To guarantee access to their services on an equal basis, Equality Bodies must acknowledge that some occupations, performed mainly by women, are historically devalued and taken as natural. Statistics on the pay gap between men and women often don’t include the vast number of women who, across the EU, are not properly paid due to their involvement in informal work. If unpaid domestic and care work were accounted for, GDP would increase in many Member States. Invisibility of domestic and care work contributes directly to the discrimination against women in matters of employment and occupation. If these women engaged in many forms of informal work were included in statistics, the relative disadvantage of women in the labour market would be much more evident, as well as their inability to benefit from labour market regulation, in particular anti-discrimination provisions. Equality Bodies must play a key role in making these occupational discriminations visible, namely by collecting data, promoting reports and recommending public policies to make clear that domestic and care work are real occupations involving millions of EU workers.
Amendment 183 #
Proposal for a directive Article 6 – paragraph 4 – subparagraph 1 Equality bodies
Amendment 184 #
Proposal for a directive Recital 37 (37) The Union and all Member States are parties to the UN Convention on the Rights of Persons with Disabilities73 (UNCRPD), which includes the obligation to prohibit discrimination on the basis of disability and to guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. This Directive should be interpreted in a manner consistent with the UNCRPD. To guarantee equal and effective legal protection and access for persons with disabilities to all services and activities of equality bodies, it is necessary to ensure accessibility, in accordance with requirements set out in Directives (EU) 2016/2102 and (EU) 2019/882, and reasonable accommodation. Equality bodies should ensure physical and digital74 accessibility by preventing and removing the barriers that persons with disabilities may face in accessing their services and information, and provide reasonable accommodation, taking necessary and appropriate modification and adjustments where needed in a particular case. Equality bodies should ensure that all forms of discrimination faced by persons with disabilities are addressed in their activities in line with the UNCRPD, including direct and indirect discrimination, denial of reasonable accommodation, discrimination by association, harassment, instruction to discriminate, as well as victimisation and hate speech. _________________ 73 OJ L 23, 27.1.2010, p. 37.
Amendment 184 #
Proposal for a directive Article 6 – paragraph 4 – subparagraph 2 Equality bodies shall inform the complainants of their preliminary assessment and whether it will close their complaint or whether there are grounds to pursue it further, including via the procedures laid down in Articles 7, 8 and 9. Should the complaint not be pursued further, a detailed explanation shall be made available to the complainant.
Amendment 185 #
Proposal for a directive Recital 37 (37) The Union and all Member States are parties to the UN Convention on the Rights of Persons with Disabilities73 (UNCRPD), which includes the obligation to prohibit discrimination on the basis of disability and to guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. This Directive should be interpreted in a manner consistent with the UNCRPD. To guarantee equal and effective legal protection and access for persons with disabilities to all services and activities of equality bodies, it is necessary to ensure accessibility, in accordance with requirements set out in Directive (EU) 2019/882, and reasonable accommodation. Equality bodies should ensure physical and digital74 accessibility by preventing and
Amendment 185 #
Proposal for a directive Article 6 – paragraph 4 – subparagraph 2 Equality bodies shall inform the complainants
Amendment 186 #
Proposal for a directive Recital 38 (38) Enabling equality bodies to regularly coordinate and cooperate at different levels, on a long-term basis, is key for mutual learning, coherence and consistency, and it may broaden the outreach and impact of their work. Equality bodies should cooperate, in particular, with other equality bodies in the same Member State and in other Member States – including in the framework of the European Network of Equality Bodies (Equinet) – and with public and private entities at local, regional, national, Union
Amendment 186 #
Proposal for a directive Article 6 a (new) Article6a The obligations placed on Member States and the tasks of equality bodies under this Directive in relation to assistance to victims shall be considered in conjunction with the Member States’ obligations and the victims’ rights set out in Directive 2012/29/EU.
Amendment 187 #
Proposal for a directive Recital 38 (38) Enabling equality bodies to regularly coordinate and cooperate at different levels, on a long-term basis, is key for mutual learning, coherence and consistency, and it may broaden the outreach and impact of their work.
Amendment 187 #
Proposal for a directive Article 7 – paragraph 1 Equality bodies shall be able to offer the parties the possibility to seek an amicable resolution to their dispute, outside of court. That process shall be subject to the agreement of the parties and may be led by the equality body itself or by another existing dedicated entity, in which case the equality body may formulate observations to that entity. Engaging in such a process shall not prevent the parties from exercising their right of access to court.
Amendment 188 #
Proposal for a directive Recital 38 (38) Enabling equality bodies to regularly coordinate and cooperate at different levels, on a long-term basis, is key for mutual learning, coherence and consistency, and it may broaden the outreach and impact of their work. Equality bodies should cooperate, in particular, with other equality bodies in the same Member State and in other Member States –
Amendment 188 #
Proposal for a directive Article 7 – paragraph 1 a (new) Conducting the process to another existing dedicated entity shall be an exception and the equality body shall provide arguments as to why the proceedings will be conducted by another existing dedicated entity.
Amendment 189 #
Proposal for a directive Recital 38 (38) Enabling equality bodies to regularly coordinate and cooperate at different levels, on a long-term basis, is key for mutual learning, coherence and consistency, and it may broaden the outreach and impact of their work. Equality bodies should cooperate, in particular, with other equality bodies in the same Member State and in other Member States – including in the framework of the European Network of Equality Bodies (Equinet) – and with public and private entities at local, regional, national, Union and international level, such as civil society organisations, data protection authorities, trade unions, labour and education inspectorates, law enforcement bodies,
Amendment 189 #
Proposal for a directive Article 8 – paragraph 1 1. Member States shall ensure that
Amendment 190 #
Proposal for a directive Recital 39 (39) Equality bodies cannot fully play their role as experts in equal treatment if they are not consulted sufficiently early during the policymaking process on matters related to rights and obligations derived from Directives 2006/54/EC and 2010/41/EU. Therefore, Member States should establish transparent procedures to ensure that consultation in a timely manner. They should also allow equality bodies to make recommendations and publish
Amendment 190 #
Proposal for a directive Article 8 – paragraph 1 1.
Amendment 191 #
Proposal for a directive Recital 40 (40) Equality data, in particular sex- disaggregated data and gender statistics, are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends and shifts in social attitudes over time, proving the existence of discrimination, including multiple and intersectional discrimination, evaluating the implementation of equality legislation, demonstrating the need for positive action, and contributing to evidence-based policymaking75
Amendment 191 #
Proposal for a directive Article 8 – paragraph 2 – subparagraph 1 Member States shall provide for a framework which enables equality bodies
Amendment 192 #
Proposal for a directive Recital 40 (40) Equality data are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends
Amendment 192 #
Proposal for a directive Article 8 – paragraph 2 – subparagraph 2 In particular, that framework shall provide equality bodies with effective rights to access information which is necessary to establish whether discrimination has occurred. It shall also provide for appropriate mechanisms for equality bodies to cooperate with relevant public bodies for that purpose, such as labour inspectorates or other enforcement bodies, and oblige those public bodies to cooperate with equality bodies for that purpose.
Amendment 193 #
Proposal for a directive Recital 40 (40) Equality data are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends over time, proving the existence of discrimination, evaluating the implementation of equality legislation, demonstrating the need for
Amendment 193 #
Proposal for a directive Article 8 – paragraph 2 – subparagraph 2 a (new) Public and private entities, and any other concerned third parties, and the alleged perpetrator, shall have a duty to cooperate with equality bodies in their investigations and fact finding by providing the requested information, without prejudice to the data rights of every individual.
Amendment 194 #
Proposal for a directive Recital 40 (40) Equality data are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends over time, proving the existence of discrimination, evaluating the implementation of equality legislation, demonstrating the need for positive action, and contributing to evidence-based policymaking75
Amendment 194 #
Proposal for a directive Article 8 – paragraph 2 – subparagraph 2 b (new) Equality bodies shall have the ability to impose sanctions or other form of penalty in the case that the evidence and/or relevant information requested is not provided to them without a justifiable reason based in law such as matters concerning personal data.
Amendment 195 #
Proposal for a directive Recital 40 (40) Equality data are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends over time, proving the existence of discrimination, evaluating the implementation of equality legislation, demonstrating the need for positive action, and contributing to evidence-based policymaking75
Amendment 195 #
Proposal for a directive Article 8 – paragraph 3 Amendment 196 #
Proposal for a directive Recital 40 (40) Equality data are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends over time, proving the existence of discrimination, evaluating the implementation of equality legislation, demonstrating the need for positive action, and contributing to evidence-based policymaking75. Equality bodies have a role to play in contributing to the development of relevant equality data for those purposes
Amendment 196 #
Proposal for a directive Article 8 – paragraph 3 3. Member States
Amendment 197 #
Proposal for a directive Recital 40 (40) Equality data are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends over time, proving the existence of discrimination, evaluating the implementation of equality legislation,
Amendment 197 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 1 Member States shall ensure that equality bodies record in writing their assessment of
Amendment 198 #
Proposal for a directive Recital 40 (40) Equality data are crucial for raising awareness, sensitising people,
Amendment 198 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 1 Member States shall ensure that equality
Amendment 199 #
Proposal for a directive Recital 41 (41) In
Amendment 199 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 2 Where appropriate, opinions and decisions shall include specific measures to remedy any breach found and to prevent further occurrences. Member States shall establish appropriate mechanisms for follow-up to opinions, such as feedback obligations, and for enforcement of decisions. Member States shall also ensure that national law provides for a right to appeal before the courts against legally binding final decisions issued by the equality body.
Amendment 200 #
Proposal for a directive Recital 42 (42) To determine their vision for the future and identify their organisation's goals and objectives, equality bodies should adopt a multi-annual programme. This should allow them to ensure the coherence of their different strands of work over time and address structural or systemic issues of discrimination falling under their mandate as part of a long-term action plan. The competence and powers attached to all mandates in such institutions should be harmonised and adjusted accordingly so that each mandate should as far as possible enjoy the broadest competences and powers.
Amendment 200 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 2 Amendment 201 #
Proposal for a directive Recital 42 (42)
Amendment 201 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 3 Equality bodies shall publish
Amendment 202 #
Proposal for a directive Recital 43 (43) In order to assess the effectiveness of this Directive it is necessary to establish a mechanism to monitor its application and, in addition to monitoring compliance, assess its practical effects. The Commission should be in charge of that monitoring and
Amendment 202 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall ensure that equality bodies have the right to act before institutions, adjudicatory bodies and in court proceedings in administrative and civil law matters relating to the implementation of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU in accordance with paragraphs 2 to 5, without prejudice to national rules on the admissibility of actions.
Amendment 203 #
Proposal for a directive Recital 43 (43) In order to assess the effectiveness of this Directive it is necessary to establish a mechanism to monitor its application and, in addition to monitoring compliance, assess its practical effects. The Commission should be in charge of that monitoring and regularly draw up an application report based on information received from Member States and additional relevant data collected at national and Union level and from equality bodies and other stakeholders, by the Council of Europe, the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. In order to ensure uniform conditions for the implementation of Member States’ reporting obligations pursuant to Article 16(2) as regards the practical effects of this Directive, implementing powers should be conferred on the Commission to establish a list of relevant indicators, on the basis of which data should be collected, in cooperation with the European Institute for Gender Equality and the European Network of Equality Bodies (Equinet). This monitoring should not involve the processing of personal data.
Amendment 203 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall ensure that equality bodies have the right to act in court proceedings
Amendment 204 #
(43) In order to assess the effectiveness of this Directive it is necessary to establish a mechanism to monitor its application and, in addition to monitoring compliance, assess its practical effects. The Commission should be in charge of that monitoring and regularly draw up an application report, based on the information received from Member States and additional relevant data collected at national and Union level, in particular from stakeholders, and by the European Union Agency for Fundamental Rights, the European Institute for Gender Equality and equality bodies, including the European Network of Equality Bodies (Equinet). In order to ensure uniform conditions for the implementation of Member States’ reporting obligations pursuant to Article 16(2) as regards the practical effects of this Directive, implementing powers should be conferred on the Commission to establish a list of relevant indicators, on the basis of which data should be collected. This monitoring should not involve the processing of personal data.
Amendment 204 #
Proposal for a directive Article 9 – paragraph 2 – introductory part 2. The right to act in court proceedings shall include, but is not limited to:
Amendment 205 #
Proposal for a directive Recital 43 (43) In order to assess the effectiveness of this Directive it is necessary to establish a mechanism to monitor its application and, in addition to monitoring compliance, assess its practical effects. The Commission should be in charge of that
Amendment 205 #
Proposal for a directive Article 9 – paragraph 2 – introductory part 2. The right to act in court proceedings shall include all of the following:
Amendment 206 #
Proposal for a directive Recital 44 a (new) (44a) The equality bodies must not restrict entrepreneurship or the development of quality employment in the different production sectors.
Amendment 206 #
Proposal for a directive Article 9 – paragraph 2 – point b (b) the right of the equality body to submit observations to the court, administrative tribunals and/or any other adjudicatory body as amicus curiae;
Amendment 207 #
Proposal for a directive Recital 46 (46) This Directive aims at ensuring the functioning of equality bodies according to minimum standards, with a view to improving their effectiveness and guaranteeing their independence, to strengthen the application of the principle of equal treatment.
Amendment 207 #
Proposal for a directive Article 9 – paragraph 2 – point b (b) the right of the equality body to submit observations to the court
Amendment 208 #
Proposal for a directive Recital 46 a (new) (46a) Equality bodies must not restrict the development of collective bargaining between the social partners. Where there is agreement between the social partners, the equality bodies shall assume that there has been no discrimination within the meaning of this Directive.
Amendment 208 #
Proposal for a directive Article 9 – paragraph 2 – point c (c) the right of the equality body to initiate or participate in proceedings in its own name, or on behalf or in support of one or several victims
Amendment 209 #
Proposal for a directive Recital 48 (48) Where the fulfilment of the tasks of equality bodies requires the processing of special categories of personal data, namely data
Amendment 209 #
Proposal for a directive Article 9 – paragraph 2 – point c (c) the right of the equality body to initiate or participate in proceedings on behalf or in support of one or several victims; in this case, the
Amendment 210 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive lays down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their mandate and independence in order to strengthen the application of the principle of equal treatment as enshrined in the TEU, TFEU, Charter of Fundamental Rights and derived from Directives 2006/54/EC and 2010/41/EU.
Amendment 210 #
Proposal for a directive Article 9 – paragraph 3 Amendment 211 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive lays down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their
Amendment 211 #
Proposal for a directive Article 9 – paragraph 3 a (new) 3a. Equality bodies engaging in strategic litigation to further the respect for equal treatment laid down in Directives 2006/54/EC and 2010/41/EU shall receive co-financing from the European Commission for this litigation, of at least 50% of the litigation costs incurred.
Amendment 212 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive lays down minimum requirements for the functioning of
Amendment 212 #
Proposal for a directive Article 9 – paragraph 4 Amendment 213 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive lays down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their independence in order to strengthen the application of the principle of equal treatment for every man and woman as derived from Directives 2006/54/EC and 2010/41/EU.
Amendment 213 #
Proposal for a directive Article 9 – paragraph 4 Amendment 214 #
Proposal for a directive Article 1 – paragraph 2 a (new) 2a. The obligations placed on Member States and the tasks of equality bodies under this Directive shall apply to all persons in all their diversity, irrespective of their sex, age, colour, ethnic or social origin, genetic features, disability, or religious, political or social views, for the purpose of complying with the prohibition of discrimination laid down in Article 4 of Directives 2006/54/EC and 2010/41/EU.
Amendment 214 #
Proposal for a directive Article 9 – paragraph 5 Amendment 215 #
Proposal for a directive Article 1 – paragraph 2 a (new) 2a. The application of the principle of equal treatment shall not be limited to the prohibition of discrimination based on sex as it also applies to discrimination arising from gender, gender identity and gender expression as derived from the case law of the Court of Justice of the European Union.
Amendment 215 #
Proposal for a directive Article 9 – paragraph 5 a (new) 5a. Member States shall ensure that equality bodies may engage in court proceedings using the evidence gathered under Article 8(2) and (3) without the prior need to issue an opinion or binding decision.
Amendment 216 #
Proposal for a directive Article 1 – paragraph 2 a (new) 2a. For the purposes of this Directive, equality means the application of the principle of equal opportunities and equal treatment for men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value.
Amendment 216 #
Proposal for a directive Article 10 – paragraph 1 Member States shall ensure that, in the procedures referred to in Articles 6, 7, 8 and 9, the rights of defence of natural and legal persons involved are duly protected. Member States shall ensure that equality bodies put in place internal whistle-blower protections, guarantee confidentiality of witnesses and whistle-blowers, and as far as possible, of complainants.
Amendment 217 #
Proposal for a directive Article 1 – paragraph 2 a (new) 2a. The Member States shall take into account the special status of self- employed people and small and medium- sized enterprises when it comes to the tasks assigned to equality bodies.
Amendment 217 #
Proposal for a directive Article 10 – paragraph 1 Member States shall ensure that, in the procedures referred to in Articles 6, 7, 8 and 9, the rights of defence of natural and legal persons involved are duly protected. Member States shall ensure that equality bodies guarantee confidentiality of witnesses and whistle-blowers, and as far as possible, of complainants and others entities involved .
Amendment 218 #
Proposal for a directive Article 1 – paragraph 2 a (new) 2a. This Directive is without prejudice to the competences and mandate of social partners, including their role in dispute resolution.
Amendment 218 #
Proposal for a directive Article 10 – paragraph 1 a (new) This Directive is without prejudice to the competences of labour inspectorates or other enforcement bodies, keeping in mind that the existence of these bodies shall not usurp the role of a functioning equality body.
Amendment 219 #
Proposal for a directive Article 1 – paragraph 2 b (new) 2b. This Directive is without prejudice to the more specific provisions contained in Directive 2023/970/EU.
Amendment 219 #
Proposal for a directive Article 11 – paragraph 1 1. Member States shall guarantee access to equality bodies’ services and publications on an equal basis for all citizens, associations and other interested public or private organisations, and ensure that there are no barriers to submission of complaints.
Amendment 220 #
Proposal for a directive Article 2 – title Designation and structure of equality bodies
Amendment 220 #
Proposal for a directive Article 11 – paragraph 2 2. Member States shall ensure that equality bodies provide all their services at no cost to complainants, throughout their territory, including in rural and remote areas, taking into account the available human, equipment and premises resources.
Amendment 221 #
Proposal for a directive Article 2 – paragraph 1 a (new) Equality bodies can cover single or multiple grounds. In the case of a multi- ground equality body, it is necessary to ensure a clear and appropriate focus on each of the grounds. The competence and powers attached to all mandates in such institution shall be harmonised and adjusted so that each mandate shall as far as possible enjoy the broadest competences and powers;
Amendment 221 #
Proposal for a directive Article 11 – paragraph 3 3. Member States shall ensure
Amendment 222 #
The Member States shall determine the specific form and place of equality bodies within the structure of the powers of the state, in accordance with the criteria laid down in this Directive.
Amendment 222 #
Proposal for a directive Article 11 – paragraph 3 3. Member States shall ensure accessibility
Amendment 223 #
Proposal for a directive Article 2 – paragraph 2 a (new) Equality bodies shall ensure gender parity in leadership and senior management positions and are encouraged to reflect the diversity of society at large.
Amendment 223 #
Proposal for a directive Article 11 – paragraph 3 3. Member States shall ensure accessibility and provide
Amendment 224 #
Proposal for a directive Article 2 – paragraph 2 a (new) This directive is without prejudice to the competences of labour inspectorates or other enforcement bodies, as well as the social partners.
Amendment 224 #
Proposal for a directive Article 12 – paragraph 1 Member States shall ensure that equality bodies have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies within the same Member State, and with relevant public and private entities, including social partners and civil society organisations, at national, regional, and local level
Amendment 225 #
Proposal for a directive Article 2 a (new) Article2a Definitions 1. For the purposes of this Directive, the following definitions apply: Structural and systemic discrimination refers to rules, norms, routines, patterns of attitudes and behaviour in institutions and other societal structures that, consciously or unconsciously, present obstacles to groups or individuals in accessing the same rights and opportunities as others and that contribute to less favourable outcomes for them than for the majority of the population; Intersectional discrimination refers to the situation where discrimination takes place on the basis of two or more grounds protected by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC, 2004/113/EC, 2006/54/EC and 2010/41/EU, which operate and interact with each other at the same time in such a way as to be inseparable, producing distinct and specific forms of discrimination
Amendment 225 #
Proposal for a directive Article 12 – paragraph 1 Member States shall ensure that equality bodies have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies within the same Member State, and with relevant public and private entities, including civil society organisations, at national, regional, local level as well as in other Member States and at Union and international level. Member States shall ensure that equality bodies equally cooperate with the European Institute for Gender Equality, the European Union Agency for Fundamental Rights and the European Network of Equality Bodies (Equinet).
Amendment 226 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall take measures to ensure that equality bodies are independent and free from external influence in performing their tasks and exercising their competences, in particular as regards their legal structure, accountability, budget and resources, staffing, and organisational matters. Equality bodies shall not be set up as part of a ministry or body taking or seeking instructions directly from the government.
Amendment 226 #
Proposal for a directive Article 12 – paragraph 1 Member States shall ensure that equality bodies have appropriate mechanisms in place to cooperate, and promote these crossborder cooperation projects within their respective fields of competence, with other equality bodies within the same Member State, with equality bodies in other countries in the framework of Equinet, the European Network of Equality Bodies and
Amendment 227 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall take measures to ensure that equality bodies are independent and free from external influence in performing their tasks and exercising their competences, in particular as regards their legal structure, accountability,
Amendment 227 #
Proposal for a directive Article 12 – paragraph 1 Member States shall ensure that equality bodies have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies within the same Member State, and with relevant public and private entities, including civil society organisations, at national, regional, local level as well as in other Member States and at Union and international level. Such cooperation shall not allow for the sharing of personal data.
Amendment 228 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall take measures
Amendment 228 #
Proposal for a directive Article 13 – paragraph 2 They shall ensure that equality bodies have the right to make recommendations on those matters, to publish them and to
Amendment 229 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall take measures to ensure that equality bodies are fully independent and free from external influence in performing their tasks and exercising their competences, in particular as regards their legal structure, accountability, budget, staffing, and organisational matters.
Amendment 229 #
Proposal for a directive Article 14 – paragraph 3 3. Member States shall ensure that equality bodies can access statistics related to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU collected by public and private entities including public authorities, trade unions, companies, and civil society organisations where they deem such statistics necessary to make an overall assessment of the situation regarding discrimination in the Member State, and for drawing up the report referred to in Article 15, point (c). Member States shall ensure that this data is provided in an accessible format to equality bodies, so that it can be readily used by them.
Amendment 230 #
Proposal for a directive Article 3 – paragraph 1 – point 1 (new) (1) Member States must ensure that equality bodies are not set up within a ministry, a government body or a body taking instructions from the government in order to preserve their nature as independent bodies.
Amendment 230 #
Proposal for a directive Article 14 – paragraph 3 3. Member States shall ensure that equality bodies
Amendment 231 #
Proposal for a directive Article 3 – paragraph 1 a (new) 1a. Member States shall ensure that equality bodies are not set up within a ministry, a government body or a body taking instructions from the government, that they manage their own budget and resources and that they set their own priorities and implement them accordingly, in order to preserve their nature as independent bodies.
Amendment 231 #
Proposal for a directive Article 14 – paragraph 5 5. Member States shall ensure that equality bodies may conduct independent surveys concerning discrimination, also by using expert support provided by the competent Member States and EU bodies dealing with disrimination such as the European Union Agency for Fundamental Rights or the European Institute for Gender Equality.
Amendment 232 #
Proposal for a directive Article 3 – paragraph 1 a (new) 1a. Member States shall ensure that equality bodies are not set up within a ministry, a government body or a body taking instructions from the government in order to preserve their nature as independent bodies.
Amendment 232 #
Proposal for a directive Article 14 – paragraph 5 5. Member States shall ensure that equality bodies may conduct independent surveys concerning discrimination and have the necessary human and financial resources to carry out such studies.
Amendment 233 #
Proposal for a directive Article 3 – paragraph 2 2. Member States shall provide for transparent rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff of equality bodies, for example by consulting experts during the process for selecting staff. Those rules and safeguards shall concern, in particular, persons holding
Amendment 233 #
Proposal for a directive Article 14 – paragraph 5 5. Member States shall ensure that equality bodies may conduct independent surveys and research and compile independent reports concerning discrimination.
Amendment 234 #
Proposal for a directive Article 3 – paragraph 2 2. Member States shall provide for transparent
Amendment 234 #
Proposal for a directive Article 14 – paragraph 5 5. Member States shall ensure that equality bodies may conduct independent surveys
Amendment 235 #
Proposal for a directive Article 3 – paragraph 2 2. Member States shall provide for transparent rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff of equality bodies, in particular persons holding a managerial position, in order to guarantee their competence and independence. The rules shall also cover the management of conflicts of interest and the rules on disqualification, which precisely set out the notification obligations in connection with different disqualification situations.
Amendment 235 #
Proposal for a directive Article 15 – paragraph 1 – point c (c) publish a report, with recommendations, at least every
Amendment 236 #
Proposal for a directive Article 3 – paragraph 2 2. Member States shall provide for transparent rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff of equality bodies, in particular persons holding a managerial position, in order to guarantee their competence and independence
Amendment 236 #
Proposal for a directive Article 16 – paragraph 1 1. The Commission shall, by means of an implementing act, establish a list of common indicators at European level to measure the practical effects of this Directive. When preparing the indicators, the Commission may seek advice from the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. Those indicators shall cover the resources, independent functioning, activities, and effectiveness of equality bodies, as well as evolutions in their mandate, powers or structure, ensuring the comparability, objectivity and reliability of the data collected at national level.
Amendment 237 #
Proposal for a directive Article 3 – paragraph 2 2. Member States shall provide for transparent rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff and board members of equality bodies, in particular persons holding a managerial position and ensure transparent, competency-based and participatory procedures without any external influence, in order to guarantee their competence and independence.
Amendment 237 #
Proposal for a directive Article 16 – paragraph 1 1. The Commission shall, by means of an implementing act, establish a list of common indicators to measure the practical effects of this Directive. When preparing the indicators, the Commission
Amendment 238 #
Proposal for a directive Article 3 – paragraph 2 2. Member States shall provide for transparent rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff of equality bodies, in particular persons holding a managerial position, including members of a board managing the equality body, in order to guarantee their competence and independence.
Amendment 238 #
Proposal for a directive Article 16 – paragraph 2 2. By [
Amendment 239 #
Proposal for a directive Article 3 – paragraph 2 2. Member States shall provide for transparent rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff of equality bodies, in particular persons holding a managerial position, in order to guarantee their competence and full independence.
Amendment 239 #
Proposal for a directive Article 16 – paragraph 2 2. By [
Amendment 240 #
Proposal for a directive Article 3 – paragraph 3 3. Member States shall ensure that appropriate safeguards are in place, in particular in the internal structure of equality bodies, to guarantee the independent exercise of their competences, notably where some require impartiality and others focus on support to victims. The Member States shall implement the measures required to ensure that the equality bodies can perform their tasks without any external pressure or influence, and to guarantee their judicial independence and autonomy.
Amendment 240 #
Proposal for a directive Article 16 – paragraph 2 2. By [
Amendment 241 #
Proposal for a directive Article 3 – paragraph 3 3. Member States shall ensure that appropriate safeguards are in place, in particular in the internal structure of equality bodies, to guarantee the independent exercise of their competences, notably where some require impartiality and others focus on support to victims. Urges Member States to ensure that the equality bodies themselves do not become discriminatory institutions against citizens who support the natural family, limited migration, and traditional roles and responsibilities for men and women.
Amendment 241 #
Proposal for a directive Article 16 – paragraph 3 3. The Commission shall draw up a report on the application and practical effects of this Directive, based on the information referred to in paragraph 2 and additional relevant data collected at national and Union level, in particular from stakeholders, by the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. The Commission shall evaluate, based on the information it has received, the situation of discrimination in each Member State and publish a comprehensive report of their performances.
Amendment 242 #
Proposal for a directive Article 3 – paragraph 3 3. Member States shall ensure that appropriate safeguards are in place, in particular in the internal structure of equality bodies, to guarantee the independent exercise of their competences, notably where some require impartiality and others focus on support to victims, while allowing for cooperation and coordination among mandates and shared staff in view of promoting coherence and efficiency.
Amendment 242 #
Proposal for a directive Article 16 – paragraph 3 3. The Commission shall draw up a report on the application and practical effects of this Directive, based on the information referred to in paragraph 2 and additional relevant data collected at national and Union level, in particular from stakeholders, by the European Union Agency for Fundamental Rights, Equinet and the European Institute for Gender Equality.
Amendment 243 #
Proposal for a directive Article 3 – paragraph 3 3. Member States shall ensure that appropriate safeguards are in place, in particular in the internal structure of equality bodies, to guarantee the independent exercise of their competences
Amendment 243 #
Proposal for a directive Article 16 – paragraph 3 a (new) 3a. The Commission shall issue follow-up recommendations where it notes, as part of its monitoring of anti- discrimination actions in the Member States, concerning developments in a Member State.
Amendment 244 #
Proposal for a directive Article 3 – paragraph 3 3. Member States shall
Amendment 244 #
Proposal for a directive Article 18 – paragraph 1 1. Member States shall ensure that equality bodies may collect personal data only where explicitly necessary for the fulfilment of
Amendment 245 #
Proposal for a directive Article 3 – paragraph 4 4. Member States shall ensure that appropriate safeguards are in place in the internal structure of multi-mandate bodies to guarantee the autonomous
Amendment 245 #
Proposal for a directive Article 18 – paragraph 1 1. Member States shall ensure that equality bodies may collect and process personal data only where necessary for the fulfilment of a task under this Directive and where the data collection and processing is in full compliance with Regulation (EU) 2016/679.
Amendment 246 #
Proposal for a directive Article 3 – paragraph 4 4. Member States shall ensure that appropriate safeguards are in place in the internal structure of multi-mandate bodies to guarantee the autonomous exercise of the equality mandate without any external influence.
Amendment 246 #
Proposal for a directive Article 18 – paragraph 2 2. Member States shall ensure that when equality bodies process special categories of personal data
Amendment 247 #
Proposal for a directive Article 3 – paragraph 4 4. The Member States shall ensure that appropriate safeguards are in place in the internal structure of
Amendment 247 #
Proposal for a directive Article 18 – paragraph 2 2. Member States shall ensure that when equality bodies process special categories of personal data, namely data on racial or ethnic origin, religion or belief, disability or sexual orientation, health or biometric data, suitable and specific measures are provided to safeguard the fundamental rights and the interests of the data subject.
Amendment 248 #
Proposal for a directive Article 3 – paragraph 4 4. Member States shall ensure that appropriate safeguards are in place in the internal structure and operation of multi- mandate bodies to guarantee the
Amendment 248 #
Proposal for a directive Article 20 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [1
Amendment 249 #
Proposal for a directive Article 3 – paragraph 4 a (new) 4a. Equality Bodies shall have the right to make public statements and produce and publish research, recommendations and reports without prior permission from, approval or notification to government or any institution or external party
Amendment 250 #
Proposal for a directive Article 3 – paragraph 4 a (new) 4a. The Member States shall determine the accountability arrangements of the equality bodies, preferably including judicial review of the equality bodies’ decisions.
Amendment 251 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that each equality body is provided with the stable human, technical and financial resources necessary to perform all its tasks and to exercise all its competences effectively, on all the grounds and in all fields covered by Directives 2006/54/EC and 2010/41/EU including in the event of increases in competences, increases in complaints, litigation costs and the use of automated systems. Member States shall ensure that equality bodies’ budgetary allocation is stable and planned on a multi-annual basis. Member States shall ensure that equality bodies’ budgets cover costs that might be difficult to anticipate, such as costs linked to litigation. Where the competences of equality bodies are increased, Member States shall ensure that their resources and budget are adjusted upwards accordingly.
Amendment 252 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that each equality body has budgetary and financial autonomy and is provided with the human, material, technical and financial resources necessary to perform all its tasks and to exercise all its competences effectively, on all the grounds and in all fields covered by Directives 2006/54/EC and 2010/41/EU including in the event of increases in competences, increases in complaints, litigation costs and the use of special expertise in developing areas with the potential for discrimination such as the use of automated systems.
Amendment 253 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that each equality body is provided with the human, technical and financial resources necessary to perform all its tasks and to exercise all its competences effectively and with real impact, on all the grounds and in all fields covered by Directives 2006/54/EC and 2010/41/EU
Amendment 254 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that each equality body is provided with the human, technical and financial resources necessary to perform all its tasks and to exercise all its competences effectively and efficiently, on all the grounds and in all fields covered by Directives 2006/54/EC and 2010/41/EU including in the event of increases in competences, increases in complaints, litigation costs and the use of automated systems.
Amendment 255 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall, in accordance with their national budgetary processes, ensure that each equality body is provided with the human, technical and financial resources necessary to perform
Amendment 256 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. Member States shall ensure that in the event of increases in competences, increases in complaints, litigation costs and qualified staff, services and digital resources needed for the use of automated systems, equality bodies are equipped with a necessary increase in their budget. There may not be any arbitrary or disproportionate reduction in the budget of the equality bodies.
Amendment 257 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. Member States shall ensure that human, material, technical and financial resources of equality bodies are adequate and commensurate to any evolution of their mission and fields of intervention or increase in competences, especially their rights to act in court proceedings.
Amendment 258 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. Member States shall ensure that these resources are sufficient but not superfluous.
Amendment 259 #
Proposal for a directive Article 4 – paragraph 2 Amendment 260 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. The Member States need to optimise the resources earmarked for the performance of the equality bodies’ activities.
Amendment 261 #
Proposal for a directive Article 4 – paragraph 2 b (new) 2b. The equality bodies’ activities shall be subject to transparency monitoring, including as regards the efficient allocation of their resources.
Amendment 262 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) adopt a strategy to raise awareness of the general population, throughout their territory, with particular attention to individuals, families and groups at risk of discrimination, in a manner and in formats that are accessible and comprehensible for all, on the rights under Directives 2006/54/EC and 2010/41/EU and on the existence of equality bodies and their services;
Amendment 263 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) adopt a strategy to raise awareness of the general population, throughout their
Amendment 264 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) adopt a strategy to raise awareness of the general population, throughout their territory, with particular attention to individuals and groups at risk of discrimination, on the rights under Directives 2006/54/EC and 2010/41/EU and
Amendment 265 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) adopt a strategy to raise awareness of the general population, throughout their territory, with particular attention to individuals and groups at risk of
Amendment 266 #
Proposal for a directive Article 5 – paragraph 1 – point b Amendment 267 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) ensure that equality bodies engage in the prevention of discrimination and in the promotion of equal treatment,
Amendment 268 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) ensure th
Amendment 269 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) ensure that equality bodies have the competences and engage in the prevention of discrimination and in the promotion of equal treatment, and adopt a strategy defining how they will engage in public dialogue, communicate with individuals and groups at risk of
Amendment 270 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) ensure that equality bodies have the necessary means to engage in the prevention of discrimination and in the promotion of equal treatment, and adopt a strategy defining how they will engage in public dialogue, communicate with individuals, social partners, civil society and groups at risk of discrimination, provide training and guidance, and promote equality duties, equality mainstreaming and positive action among public and private entities.
Amendment 271 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) ensure that equality bodies engage in the prevention of discrimination and in the promotion of equal treatment, and adopt a strategy defining how they will engage in public dialogue, communicate
Amendment 272 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) ensure that equality bodies engage in the prevention of discrimination and in the promotion of equal treatment, and adopt a strategy defining how they will engage in public dialogue, communicate with individuals and groups at risk of discrimination, provide training and guidance, and promote equality duties
Amendment 273 #
Proposal for a directive Article 5 – paragraph 1 – point b a (new) Amendment 274 #
Proposal for a directive Article 5 – paragraph 1 – point b b (new) (bb) ensure that equality bodies are able to provide information, advice, training, support and guidance to individuals, and institutions in the public and private sector on good practices for promoting and achieving equality and preventing discrimination.
Amendment 275 #
Proposal for a directive Article 5 – paragraph 1 – point b c (new) (bc) ensure that equality bodies are able to promote and support the implementation of equality duties, equality mainstreaming and positive action among public and private entities.
Amendment 276 #
Proposal for a directive Article 5 – paragraph 1 – point b d (new) (bd) ensure that equality bodies are able to carry out research on discrimination, including structural or systemic discrimination, as well as online discrimination, including biases and algorithmic discrimination.
Amendment 277 #
Proposal for a directive Article 5 – paragraph 2 In doing so, Member States and equality bodies shall take into consideration the most appropriate communication tools and formats for each target group.
Amendment 278 #
Proposal for a directive Article 5 – paragraph 2 In doing so, Member States and equality bodies shall take into consideration the most appropriate communication tools and formats for each target group. They shall focus in particular on disadvantaged groups whose access to information can be hindered, for example by their health or socio-economic status, age, disability, literacy, nationality,
Amendment 279 #
Proposal for a directive Article 5 – paragraph 2 In doing so, Member States and equality bodies shall take into consideration the most appropriate communication tools and formats for each target group making sure that it will be accessible for all. They shall focus in particular on disadvantaged groups whose access to information can be hindered, for example by their economic status, age, disability, literacy, nationality, residence status or their lack of access to online tools.
Amendment 280 #
Proposal for a directive Article 5 – paragraph 2 In doing so, Member States
Amendment 281 #
Proposal for a directive Article 5 – paragraph 2 In doing so, Member States and equality bodies shall take into consideration the most appropriate communication tools and formats for each target group. They shall focus in particular on disadvantaged groups whose access to information can be hindered, for example by their economic status, age, disability, literacy, nationality
Amendment 282 #
Proposal for a directive Article 5 – paragraph 2 In doing so,
Amendment 283 #
Proposal for a directive Article 5 – paragraph 2 a (new) The Member States shall observe the principles of proportionality and efficiency to ensure that the effects of the equality bodies’ prevention, promotion and awareness-raising strategies are not excessive.
Amendment 285 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall ensure that equality bodies are able to provide assistance to
Amendment 286 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall ensure that equality bodies are able to provide support and assistance to victims
Amendment 287 #
Proposal for a directive Article 6 – paragraph 1 Amendment 288 #
Proposal for a directive Article 6 – paragraph 2 2. Equality bodies shall be able to receive complaints of discrimination
Amendment 289 #
Proposal for a directive Article 6 – paragraph 3 – subparagraph 1 Equality bodies shall provide assistance to victims, initially by informing them on the legal framework, including advice targeted to their specific situation, on the services offered by the equality body and related procedural aspects, as well as on available remedies, including the possibility to pursue a case in court. The equality bodies must ensure that the advice and information are accessible and are tailored to meet the needs of people with disabilities.
Amendment 290 #
Proposal for a directive Article 6 – paragraph 3 – subparagraph 1 Equality bodies shall provide assistance to victims
Amendment 291 #
Proposal for a directive Article 6 – paragraph 3 – subparagraph 1 Equality bodies shall provide support and assistance to victims, in
Amendment 292 #
Proposal for a directive Article 6 – paragraph 3 – subparagraph 1 Equality bodies shall provide assistance to victims, initially by informing them on the legal framework, including advice targeted to their specific situation, on the services offered by the equality body and related procedural aspects, always with the presence of a professional with legal competences, as well as on available remedies, including the possibility to pursue a case in court.
Amendment 293 #
Proposal for a directive Article 6 – paragraph 3 – subparagraph 1 Equality bodies shall provide assistance to victims, or their designated representatives, initially by informing them on the legal framework, including advice targeted to their specific situation, on the services offered by the equality body and related procedural aspects, as well as on available remedies, including the possibility to pursue a case in court.
Amendment 294 #
Proposal for a directive Article 6 – paragraph 3 – subparagraph 2 Equality bodies shall also inform victims and persons who have experienced discrimination in easily understandable language about the confidentiality rules applicable, on the protection of personal data and on the possibilities to obtain psychological or other types of relevant support from other bodies or organisations.
Amendment 295 #
Proposal for a directive Article 6 – paragraph 3 – subparagraph 2 Equality bodies shall also inform victims about the confidentiality rules applicable, on the protection of personal data and on the possibilities to obtain psychological or other types of
Amendment 296 #
Proposal for a directive Article 6 – paragraph 4 – subparagraph 1 Amendment 297 #
Proposal for a directive Article 6 – paragraph 4 – subparagraph 1 Amendment 298 #
Proposal for a directive Article 6 – paragraph 4 – subparagraph 1 Equality bodies shall issue a preliminary assessment of a complaint on the bas
Amendment 299 #
Proposal for a directive Article 6 – paragraph 4 – subparagraph 2 Equality bodies shall inform the complainants
Amendment 300 #
Proposal for a directive Article 6 – paragraph 4 – subparagraph 2 Equality bodies shall inform the complainants of their preliminary assessment and whether it will close their complaint, and its reasons, or whether there are grounds to pursue it further, including via the procedures laid down in Articles 7, 8 and 9.
Amendment 301 #
Proposal for a directive Article 6 – paragraph 4 – subparagraph 2 Equality bodies shall inform the complainants of their preliminary assessment and whether it will close their complaint or whether there are grounds to pursue it further, including via the procedures laid down in Articles 7, 8, 8a and 9.
Amendment 302 #
Proposal for a directive Article 7 – title A
Amendment 303 #
Proposal for a directive Article 7 – title A
Amendment 304 #
Proposal for a directive Article 7 – paragraph 1 Equality bodies or other existing dedicated entities shall be able to offer the parties the possibility to
Amendment 305 #
Proposal for a directive Article 7 – paragraph 1 Equality bodies or other existing dedicated entities shall be able to offer the parties the possibility to seek an a
Amendment 306 #
Proposal for a directive Article 7 – paragraph 1 Equality bodies shall be able to offer the parties the possibility to seek an amicable resolution to their dispute. That process shall be subject to the agreement of the parties and may be led by the equality body itself or by another existing dedicated entity in accordance with national law or practice, in which case the equality body may formulate observations to that entity. Engaging in such a process shall not prevent the parties from exercising their right of access to court.
Amendment 307 #
Proposal for a directive Article 7 a (new) Article7a Investigations 1. Member States shall ensure that equality bodies are empowered to effectively investigate, following a complain or on their own initiative, whether a breach of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU has occurred and seek to address both individual, institutional and structural discrimination. 2. Member States shall provide for a framework which enables equality bodies to carry out fact-finding. In particular, that framework shall provide equality bodies with effective and obligatory rights to access information which is necessary to establish whether discrimination has occurred. It shall also provide for appropriate mechanisms for equality bodies to cooperate with relevant public bodies such as labour and education inspectorates, for that purpose. 3. Member States shall ensure that equality bodies are provided with powers to obtain evidence and relevant information, including from alleged perpetrators for the purpose of the investigation.
Amendment 308 #
Proposal for a directive Article 8 – title Amendment 310 #
Proposal for a directive Article 8 – paragraph 1 Amendment 311 #
Proposal for a directive Article 8 – paragraph 1 1. Member States shall ensure that equality bodies are empowered to effectively conduct inquiries where, following a complaint or on their own initiative,
Amendment 312 #
Proposal for a directive Article 8 – paragraph 2 – subparagraph 1 Amendment 313 #
Proposal for a directive Article 8 – paragraph 2 – subparagraph 2 Amendment 314 #
Proposal for a directive Article 8 – paragraph 2 – subparagraph 2 In particular, that framework shall provide equality bodies with effective rights to access information and documents which
Amendment 315 #
Proposal for a directive Article 8 – paragraph 2 – subparagraph 2 In particular, that framework shall provide equality bodies with effective rights to access information which is necessary to establish whether discrimination has occurred. It shall also provide for appropriate mechanisms for equality bodies to cooperate with
Amendment 316 #
Proposal for a directive Article 8 – paragraph 3 Amendment 317 #
Proposal for a directive Article 8 – paragraph 3 Amendment 318 #
Proposal for a directive Article 8 – paragraph 3 3. Member States
Amendment 319 #
Proposal for a directive Article 8 – paragraph 3 a (new) 3a. Equality bodies may also fully or partially entrust another competent body with the powers referred to in paragraphs 1 and 2. Where such a competent body is responsible for or collaborates with the equality body on inquiries, it shall provide the equality body, upon its request, with information on the results thereof.
Amendment 320 #
Proposal for a directive Article 8 – paragraph 3 a (new) 3a. The principle of the presumption of innocence of an alleged perpetrator of an infringement of the equality principle shall be guaranteed.
Amendment 321 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 1 Amendment 322 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 1 Amendment 323 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 1 Member States shall ensure that equality bodies are empowered to record in writing their assessment of the case, including establishing the facts and providing a reasoned conclusion
Amendment 324 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 2 Amendment 325 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 2 Amendment 326 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 2 Where appropriate,
Amendment 327 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 3 Amendment 328 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 3 Amendment 329 #
Proposal for a directive Article 8 – paragraph 4 – subparagraph 3 a (new) Member States shall ensure that national law provides for a right to appeal before the courts against legally binding final decisions issued by the equality body.
Amendment 330 #
Proposal for a directive Article 8 a (new) Article8a Opinions and decisions 1. Member States shall ensure that equality bodies are empowered to record in writing their assessment of a case. As part of their written assessment, equality bodies shall establish the facts of the case and provide a reasoned conclusion as to whether discrimination has occurred. Member States shall determine, in consultation with other entities, such as the social partners, whether the equality bodies are to assess cases by means of non-binding opinions or binding enforceable decisions. Member States shall ensure that such decisions can be appealed to a judicial or administrative authority in accordance with national law and practice. 2. Where appropriate, opinions and decisions shall include specific measures to remedy any breach found and to prevent further occurrences. Member States shall establish appropriate mechanisms to follow up on opinions, such as feedback obligations, and to enforce decisions. In the case of binding enforceable decisions, equality bodies shall have the competence to impose effective, proportionate and dissuasive sanctions. 3. Equality bodies shall publish summaries of their opinions and decisions, without disclosing personal data. Equality bodies may disclose personal data in opinions or decisions, or the summaries thereof, where such disclosure is provided for by law, for example as a penalty in discrimination cases, and provided that the person to whom the personal data relate has been found guilty of discrimination.
Amendment 331 #
Proposal for a directive Article 8 a (new) Article8a Opinions and decisions 1. Member States shall ensure that equality bodies are empowered to record in writing their assessment of a case, including establishing the facts and a reasoned conclusion on the existence of discrimination. Member States shall determine whether this is to be done by means of non-binding opinions or by means of binding enforceable decisions. 2. Where appropriate, opinions and decisions shall include specific measures to remedy any breach found and to prevent further occurrences. Member States shall establish appropriate mechanisms for follow-up to opinions, such as feedback obligations, and for enforcement of decisions. 3. Equality bodies shall publish summaries of their opinions and decisions, without disclosing personal data. They shall be able to disclose personal data where such disclosure is provided for under national law.
Amendment 332 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall ensure that equality bodies have the right to act in court proceedings in administrative and civil law matters relating to the implementation of the principle of equal treatment laid down in Directives
Amendment 333 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall ensure that equality bodies have the right to
Amendment 334 #
Proposal for a directive Article 9 – paragraph 2 – introductory part 2. The right of the equality body to act in
Amendment 335 #
Proposal for a directive Article 9 – paragraph 2 – introductory part 2. The right to act in court proceedings shall at least include:
Amendment 336 #
Proposal for a directive Article 9 – paragraph 2 – point a (a) the right of the equality body to act as a party in proceedings on the enforcement or judicial review of a decision taken pursuant to Article
Amendment 337 #
Proposal for a directive Article 9 – paragraph 2 – point a (a) the right of the equality body to act as a party in proceedings on the enforcement or judicial review of a decision taken pursuant to Article 8
Amendment 338 #
Proposal for a directive Article 9 – paragraph 2 – point a (a) the right
Amendment 339 #
Proposal for a directive Article 9 – paragraph 2 – point b (b) the right of the equality body to submit observations to the court as a third- party intervention such as amicus curiae;
Amendment 340 #
Proposal for a directive Article 9 – paragraph 2 – point b (b) the right
Amendment 341 #
Proposal for a directive Article 9 – paragraph 2 – point c Amendment 342 #
Proposal for a directive Article 9 – paragraph 2 – point c (c) the right of the equality body to initiate or participate in proceedings on behalf or in support of one or several victims; in this case, th
Amendment 343 #
Proposal for a directive Article 9 – paragraph 2 – point c (c) the right of the equality body to initiate or participate in proceedings on behalf or in support of one or several victims
Amendment 344 #
Proposal for a directive Article 9 – paragraph 2 – point c a (new) (ca) the right to recourse to conciliation procedures where appropriate.
Amendment 345 #
Proposal for a directive Article 9 – paragraph 2 a (new) 2a. The right of the equality body to act in legal proceedings shall also include at least one of the following: (a) the right to initiate proceedings on behalf of one or several victims or, (b) the right to participate in proceedings in support of one or several victims with their approval. Member States may provide for the right for equality bodies to initiate court proceedings in its own name in order to defend the public interest.
Amendment 346 #
Proposal for a directive Article 9 – paragraph 2 a (new) 2a. Member States shall ensure that equality bodies have the right to monitor the execution of decisions of institutions, adjudicatory bodies and courts dealing with equality, discrimination and intolerance.
Amendment 347 #
Proposal for a directive Article 9 – paragraph 2 b (new) 2b. Member States shall ensure that there is a system by which victims do not have to bear court and administrative fees or representation fees, in particular in cases of structural or, institutional discrimination.
Amendment 348 #
Proposal for a directive Article 9 – paragraph 3 3. Member States
Amendment 349 #
Proposal for a directive Article 9 – paragraph 3 3. Where their national law allows, Member States shall ensure that the equality body can initiate court proceedings in its own name, in particular in order to address structural and systematic discrimination in cases selected by the equality body because of their abundance, their seriousness or their need for legal clarification.
Amendment 350 #
Proposal for a directive Article 9 – paragraph 3 3. Member States shall ensure that the equality body can initiate court proceedings in its own name, in particular in order to address structural and systematic discrimination or in order to defend the public interest in cases selected
Amendment 351 #
Proposal for a directive Article 9 – paragraph 3 3. Member States shall ensure that the equality body can initiate court proceedings
Amendment 352 #
Proposal for a directive Article 9 – paragraph 4 Amendment 353 #
Proposal for a directive Article 9 – paragraph 4 Amendment 354 #
Proposal for a directive Article 9 – paragraph 4 Amendment 355 #
Proposal for a directive Article 9 – paragraph 4 Amendment 356 #
Proposal for a directive Article 9 – paragraph 4 4. Member States shall ensure that, except in cases referred to in paragraphs 2(a) and (b), the equality body does not submit in court proceedings evidence that it has obtained through the exercise of powers pursuant to Article 8(3) except with the consent of the alleged perpetrator or third party.
Amendment 357 #
Proposal for a directive Article 9 – paragraph 5 Amendment 358 #
Proposal for a directive Article 9 – paragraph 5 Amendment 359 #
Proposal for a directive Article 9 – paragraph 5 Amendment 360 #
Proposal for a directive Article 9 – paragraph 5 Amendment 361 #
Proposal for a directive Article 10 – paragraph 1 Member States shall ensure that, in the procedures referred to in Articles 6, 7, 8, 8a and 9, the rights of defence of natural and legal persons involved are duly protected. Member States shall ensure that equality bodies guarantee confidentiality of witnesses and whistle-blowers, and as far as possible, of complainants and alleged perpetrators.
Amendment 362 #
Proposal for a directive Article 10 – paragraph 1 Member States shall ensure that, in the procedures referred to in Articles 6, 7, 7a, 8 and 9, the rights of defence of natural and legal persons involved are duly protected.
Amendment 363 #
Proposal for a directive Article 10 – paragraph 1 a (new) The Member States shall guarantee that the procedural safeguards laid down in this Directive are complied with and that, at the same time, the rights of persons and organisations accused of discrimination are safeguarded. The principles of fair procedure and the presumption of innocence must be applied at all stages of the complaint handling process.
Amendment 364 #
Proposal for a directive Article 10 – paragraph 2 Decisions referred to in Article 8
Amendment 365 #
Proposal for a directive Article 11 – title Amendment 366 #
Proposal for a directive Article 11 – paragraph 1 1. Member States shall guarantee access to equality bodies’ services and publications on an equal basis for all and ensure that there are no barriers to submission of complaints or to assistance of victims.
Amendment 367 #
Proposal for a directive Article 11 – paragraph 2 2. Member States shall ensure that equality bodies provide all their services at no cost to complainants, throughout their territory, including in rural and remote
Amendment 368 #
Proposal for a directive Article 11 – paragraph 2 2. Member States shall ensure that equality bodies provide all their services at no cost to complainants, throughout their territory with the establishment of local and regional offices, including in rural and remote areas.
Amendment 369 #
Proposal for a directive Article 11 – paragraph 3 3. Member States shall ensure accessibility and provide reasonable accommodation
Amendment 370 #
Proposal for a directive Article 11 – paragraph 3 3. Member States shall ensure accessibility, including in accordance with Directive (EU) 2019/882, and provide reasonable accommodation for persons with disabilities and persons belonging to other groups at risk of discrimination to guarantee their equal access to all services and activities of equality bodies, including assistance to victims, complaint handling, amicable settlement mechanisms, information and publications, and prevention, promotion and awareness- raising activities.
Amendment 371 #
Proposal for a directive Article 11 – paragraph 3 3. Member States shall ensure accessibility, including in accordance with Directives (EU) 2016/2102 and (EU) 2019/882, and provide reasonable accommodation for persons with disabilities to guarantee their equal access to all services and activities of equality bodies, including assistance to victims, complaint
Amendment 372 #
Proposal for a directive Article 11 – paragraph 3 3. Member States shall ensure accessibility and provide reasonable accommodation for persons with disabilities and persons belonging to other groups at risk of discrimination, such as migrants, to guarantee their equal access to all services and activities of equality bodies, including assistance to victims, complaint handling, amicable settlement mechanisms, information and publications, and prevention, promotion and awareness- raising activities.
Amendment 373 #
Proposal for a directive Article 11 – paragraph 3 a (new) 3a. To guarantee access to their services on an equal basis, equality bodies shall acknowledge that some occupations performed mainly by women are historically devalued and invisible. Invisibility of domestic and care work in statistics contributes directly to the discrimination against women in matters of employment and occupation. Equality bodies shall ensure that occupational discriminations are made visible, namely by collecting data, promoting reports and recommending public policies to make clear that domestic and care work are real occupations involving millions of EU workers.
Amendment 374 #
Proposal for a directive Article 12 – paragraph 1 Member States shall ensure that equality bodies have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies within the same Member State, and with relevant public and private entities, including social partners and civil society organisations, at national, regional, local level, as well as in other Member States and at Union and international level. Member States shall ensure that equality bodies equally cooperate with the European Institute for Gender Equality, the European Union Agency for Fundamental Rights and the European Network of Equality Bodies (Equinet).
Amendment 375 #
Proposal for a directive Article 12 – paragraph 1 Member States shall ensure that equality bodies, without prejudice to their independence, have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies within the same Member State, with equality bodies of other Member States, including in the framework of the European Network of Equality Bodies (Equinet), and with relevant public and private entities, including civil society organisations, relevant EU agencies, social partners, labour and education inspectorates at national, regional, local level as well as in other Member States and at Union and international level.
Amendment 376 #
Proposal for a directive Article 12 – paragraph 1 Member States shall ensure that equality bodies have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies within the same Member State, and with relevant public and private entities, including civil society organisations, at national, regional, local level as well as in
Amendment 377 #
Proposal for a directive Article 12 – paragraph 1 Member States shall ensure that equality bodies have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies within the same Member State, and with relevant public and private entities, including civil society organisations such as family associations, at national, regional, local level as well as in other Member States and at Union and international level.
Amendment 378 #
Proposal for a directive Article 12 – paragraph 1 Member States shall ensure that equality bodies have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies
Amendment 379 #
Proposal for a directive Article 12 – paragraph 1 a (new) The equality bodies must not restrict entrepreneurship or the development of quality employment in the different production sectors. Nor must they restrict the development of collective bargaining between the social partners. Where there is agreement between the social partners, the equality bodies shall assume that there has been no discrimination within the meaning of this Directive.
Amendment 380 #
Proposal for a directive Article 12 – paragraph 1 a (new) Amendment 381 #
Proposal for a directive Article 12 a (new) Article12a Gender mainstreaming Member States shall actively take into account the objective of equality between men and women when formulating and implementing laws, regulations, administrative provisions, policies and activities in the areas referred to in this Directive.
Amendment 382 #
Proposal for a directive Article 13 – paragraph 2 a (new) When implementing this Directive, the different characteristics of the national labour markets and collective bargaining systems in the Member States and the autonomy of the social partners must be respected. Similarly, the role of the social partners as representatives of employees and employers must be respected.
Amendment 383 #
Proposal for a directive Article 13 – paragraph 2 a (new) Member States shall ensure that national equality bodies have the necessary means to provide feedback to Equinet to allow its consultation on legislation, policy, procedures and programmes at Union level.
Amendment 384 #
Proposal for a directive Article 14 – title Data collection and access to equality data statistics
Amendment 385 #
Proposal for a directive Article 14 – paragraph 1 Amendment 386 #
Proposal for a directive Article 14 – paragraph 2 Amendment 387 #
Proposal for a directive Article 14 – paragraph 2 2. The data collected shall be disaggregated by grounds and fields covered by Directives 2006/54/EC and 2010/41/EU, taking into account discrimination and multiple discrimination, and in accordance with the indicators referred to in Article 16. The personal data collected shall be anonymised and, where not possible, pseudonymised.
Amendment 388 #
Proposal for a directive Article 14 – paragraph 3 3. Member States shall ensure that equality bodies can access statistics related to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU collected by public and private entities including public authorities, trade unions, companies, and civil society organisations where they deem such statistics necessary to make an overall assessment of the situation regarding discrimination in the Member State, and for drawing up the report referred to in Article 15, point (c). The statistical data collected by public and private entities must be made available in an accessible and harmonised format so that it can be easily used by equality bodies.
Amendment 389 #
Proposal for a directive Article 14 – paragraph 3 3. Member States shall ensure that equality bodies can access in an accessible format statistics related to the rights and obligations derived from
Amendment 390 #
Proposal for a directive Article 14 – paragraph 3 3. Member States shall ensure that equality bodies can access publicly accessible statistics related to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU collected by public and private entities including public authorities, trade unions, companies, and civil society organisations where they deem such statistics necessary to make an overall assessment of the situation regarding discrimination in the Member State, and for drawing up the report referred to in Article 15, point (c).
Amendment 391 #
Proposal for a directive Article 14 – paragraph 4 4. Member States shall allow equality bodies to make recommendations on which data is to be collected in relation to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU, to public and private entities including public authorities,
Amendment 392 #
Proposal for a directive Article 14 – paragraph 4 4. Member States shall allow equality bodies to make recommendations on which data is to be collected in relation to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU, to public and private entities including public authorities, trade unions, companies and civil society organisations as well as to require feedback from them. Member States shall also allow equality bodies to play a coordination role in the collection of equality data.
Amendment 393 #
Proposal for a directive Article 14 – paragraph 4 4. Member States shall allow equality bodies to make recommendations on which data
Amendment 394 #
Proposal for a directive Article 14 – paragraph 5 5. Member States shall ensure that equality bodies may conduct
Amendment 395 #
Proposal for a directive Article 14 – paragraph 5 5. Member States shall ensure that equality bodies may conduct independent surveys, reports and research concerning discrimination. They shall also ensure that equality bodies can commission such studies and reports.
Amendment 396 #
Proposal for a directive Article 14 – paragraph 5 5. Member States shall ensure that equality bodies may conduct and commission independent surveys, research and studies concerning discrimination.
Amendment 397 #
Proposal for a directive Article 15 – paragraph 1 – point c Amendment 398 #
Proposal for a directive Article 15 – paragraph 1 – point c (c) publish a report, with recommendations, ensuring an intersectional approach, at least every four years, on the state of equal treatment and discrimination, including potential structural issues, in their Member State.
Amendment 399 #
Proposal for a directive Article 15 – paragraph 1 – point c (c) publish an independent report, with recommendations, at least every
Amendment 400 #
Proposal for a directive Article 15 – paragraph 1 – point c a (new) (ca) engage in a sustainable dialogue with the government and other authorities who shall take into account the equality bodies' recommendations on legislation, policies, procedures, programs and practice, and take action where necessary.
Amendment 401 #
Proposal for a directive Article 15 – paragraph 1 – point c a (new) (ca) develop and track output and impact indicators to assess their progress and conduct an evaluation of their functioning at least every four years.
Amendment 402 #
Proposal for a directive Article 15 – paragraph 1 – point c b (new) (cb) establish structures for sustained involvement and contribution of stakeholders, particularly civil society organisations, to the planning and work of the equality body.
Amendment 403 #
Proposal for a directive Article 16 – paragraph 1 1. The Commission shall, by means of an implementing act, establish a list of common indicators to measure the practical effects of this Directive, in cooperation with Equinet and making use of Equinet's indicators. When preparing the indicators, the Commission
Amendment 404 #
Proposal for a directive Article 16 – paragraph 1 1. The Commission shall, by means of an implementing act, establish a list of common indicators to measure the practical effects of this Directive, focusing on the Directive’s impact on groups subject to discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. When preparing
Amendment 405 #
Proposal for a directive Article 16 – paragraph 1 1. The Commission shall, by means of an implementing act, establish a list of common indicators to measure the practical effects of this Directive.
Amendment 406 #
Proposal for a directive Article 16 – paragraph 1 1. The Commission shall, by means of an implementing act, establish a list of common indicators to measure the practical effects of this Directive in cooperation with all the relevant stakeholders, namely Equinet and making use of Equinet’s pre- existing and new indicators. When preparing the indicators, the Commission may seek advice from the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. Those indicators shall cover the resources, independent functioning, activities, and effectiveness of equality bodies, as well as evolutions in their mandate, powers or structure, ensuring the comparability, objectivity and reliability of the data collected at national level.
Amendment 407 #
Proposal for a directive Article 16 – paragraph 1 1. The Commission shall, by means of a
Amendment 408 #
Proposal for a directive Article 16 – paragraph 1 1. The Commission shall, by means of an implementing act, establish a list of common indicators to measure the practical effects of this Directive. When preparing the indicators, the Commission may seek advice from the European Union Agency for Fundamental Rights
Amendment 409 #
Proposal for a directive Article 16 – paragraph 2 2. By [
Amendment 410 #
Proposal for a directive Article 16 – paragraph 2 2. By [5 years after the date of transposition], and every
Amendment 411 #
Proposal for a directive Article 16 – paragraph 2 2. By [
Amendment 412 #
Proposal for a directive Article 16 – paragraph 3 3. The Commission shall draw up a report on the application and practical effects of this Directive, based on the information referred to in paragraph 2 and additional relevant data collected at national and Union level, in particular from Equality Bodies , the European Network of Equality Bodies (Equinet) civil society organizations, stakeholders, by the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. The report shall contain a specific assessment to evaluate the independent functioning of equality bodies. Complaints on any interference may be submitted to the European Commission who shall add them to the report and shall further investigate the allegations.
Amendment 413 #
Proposal for a directive Article 16 – paragraph 3 3. The Commission shall draw up a report on the application and practical effects of this Directive, based on the information referred to in paragraph 2 and additional relevant data collected at national and Union level, in particular from stakeholders, by the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. The Commission shall also evaluate the level of independence of the Equality Bodies from external interference, such as direct connection with Ministries, which must cease in order to guarantee that all Member States pursue the same level of demand in relentlessly evaluating and tackling discrimination.
Amendment 414 #
Proposal for a directive Article 16 – paragraph 3 3. The Commission shall draw up a report on the application and practical effects of this Directive, based on the information referred to in paragraph 2 and additional relevant data collected at national and Union level, in particular from
Amendment 415 #
Proposal for a directive Article 16 – paragraph 3 3. The Commission shall draw up a report on the application and practical effects of this Directive, based on the information referred to in paragraph 2 and additional relevant data collected at national and Union level, in particular from stakeholders, by the European Union Agency for Fundamental Rights
Amendment 416 #
Proposal for a directive Article 16 – paragraph 3 3. The Commission shall draw up a report on the application and practical effects of this Directive, based on the information referred to in paragraph 2 and additional relevant data collected at national and Union level, in particular from stakeholders, by the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. That report shall also include the practices carried out by equality bodies outside the European Union.
Amendment 417 #
Proposal for a directive Article 16 – paragraph 3 3. The Commission shall draw up a report on the application and practical effects of this Directive, based on the information referred to in paragraph 2 and additional relevant data collected at national and Union level, in particular from equality bodies, Equinet and other stakeholders, by the European Union Agency for Fundamental Rights and the European Institute for Gender Equality.
Amendment 418 #
Proposal for a directive Article 17 – paragraph 2 2. The implementation of this Directive shall under no circumstances constitute grounds for a reduction in the level of protection against discrimination already afforded by Member States in the matters covered by
Amendment 419 #
Proposal for a directive Article 18 – paragraph 1 1. Member States shall ensure that equality bodies may collect and process personal data only where necessary for the fulfilment of
Amendment 420 #
Proposal for a directive Article 18 – paragraph 2 2. Member States shall ensure that when equality bodies process special categories of personal data within the meaning of Regulation (EU) 2016/679, namely data on racial or ethnic origin, religion or belief, disability
Amendment 421 #
Proposal for a directive Article 18 – paragraph 2 2. Member States shall ensure that when equality bodies process special categories of personal data,
Amendment 422 #
Proposal for a directive Article 18 – paragraph 2 a (new) 2a. Member States shall ensure that the collection of personal data by equality bodies is strictly limited to the performance of their assigned tasks. Private individuals shall have the right to monitor their personal data and the right not to allow the collection of any data that are not directly relevant to the purpose of the Directive.
Amendment 423 #
Proposal for a directive Article 19 – paragraph 2 References to the bodies for the promotion of equal treatment referred to in those Articles, as well as Article 15 of Directive (EU) 2019/1158, shall be construed as references to the equality bodies referred to in Article 2 of this Directive.
Amendment 424 #
Proposal for a directive Article 20 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this
Amendment 77 #
Proposal for a directive Title 1 Amendment 78 #
Proposal for a directive Recital 1 (1) The Treaties and the Charter of Fundamental Rights of the European Union recognise the right to equality and the right to non-discrimination as essential values of the Union57
Amendment 79 #
Proposal for a directive Recital 1 a (new) (1a) The Court of Justice has held that the scope of the principle of equal treatment for men and women cannot be confined to the prohibition of discrimination based on the fact that a person is of one or other sex. In view of its purpose and the nature of the rights which it seeks to safeguard, it also applies to discrimination arising from the gender identity, gender expression, or sex characteristics of a person.
Amendment 80 #
Proposal for a directive Recital 2 (2) Pursuant to Article 157(3) TFEU, the European Parliament and the Council shall adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value, without prejudice to the other provisions of the Treaties and within the limits of the powers conferred upon the Union.
Amendment 81 #
Proposal for a directive Recital 2 (2) Pursuant to Article 157(3) TFEU, the European Parliament and the Council shall adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value, taking account of additional aspects such as the double discrimination suffered by women with disabilities.
Amendment 82 #
Proposal for a directive Recital 2 (
Amendment 83 #
Proposal for a directive Recital 2 a (new) (2a) In accordance with the case law1a of the Court of Justice of the European Union, the scope of the principle of equal treatment of men and women shall not be limited to the prohibition of discrimination based on sex as it also applies to discrimination arising from gender, gender identity and gender expression. _________________ 1a Judgment of 30 April 1996, P. v S., C- 13/94; Judgment of 7 January 2004, K.B., C-117/01; Judgment of 26 June 2018, MB, C-451/16
Amendment 84 #
Proposal for a directive Recital 3 (3) The purpose of this Directive is to lay down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their independence in order to strengthen the application of the principle of equal treatment as derived from Directives 2006/54/EC58 and 2010/41/EU59. In accordance with its legal basis, for the purposes of this Directive, equality shall mean the application of the principle of equal opportunities and equal treatment for men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value. _________________ 58 Directive 2006/54/EC of the European
Amendment 85 #
Proposal for a directive Recital 3 (3) The purpose of this Directive is to lay down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their
Amendment 86 #
Proposal for a directive Recital 3 (3) The purpose of this Directive is to lay down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their mandate and independence in order to strengthen the application of the principle of equal treatment as enshrined in the TEU, TFEU and the Charter of Fundamental Rights and derived from Directives 2006/54/EC58 and 2010/41/EU59 . _________________ 58 Directive 2006/54/EC of the European
Amendment 87 #
Proposal for a directive Recital 3 (3) The purpose of this Directive is to lay down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their
Amendment 88 #
Proposal for a directive Recital 6 (6) Directives 2006/54/EC and 2010/41/EU require Member States to designate one or more bodies for the promotion of equal treatment, including the analysis, monitoring and support of equal treatment of all persons without discrimination on the grounds covered by the respective Directives (hereinafter ‘equality bodies’). They require Member States to ensure that the competences of these bodies include providing independent assistance to victims free of charge, conducting independent surveys concerning discrimination, publishing independent reports and making recommendations on any issue relating to such discrimination. They also require Member States to ensure that the tasks of these bodies include the exchange of information with corresponding European bodies, such as the European Institute for Gender Equality. The equality bodies designated under Directives 2006/54/EC and2010/41/EU should be transformed into equality bodies designated under this Directive, endowing them with the competences laid down in this Directive. This Directive is without prejudice to the competences of labour inspectorates, other enforcement bodies or the social partners.
Amendment 89 #
Proposal for a directive Recital 6 (6) Directives 2006/54/EC and 2010/41/EU require Member States to designate one or more bodies for the promotion of equal treatment, including the analysis, monitoring and support of equal treatment of all persons without discrimination on the grounds covered by the respective Directives (hereinafter ‘equality bodies’). They require Member States to ensure that the competences of these bodies include providing independent assistance to victims, conducting independent surveys concerning discrimination, publishing independent reports and making recommendations on any issue relating to such discrimination. They also require Member States to ensure that the tasks of these bodies include the exchange of information with corresponding European bodies, such as the European Institute for Gender Equality and the European Agency for Fundamental Rights.
Amendment 90 #
Proposal for a directive Recital 7 (7) Directive 2000/43/EC60 of the Council and Directive 2004/113/EC61 of the European Parliament and the Council also provide for the designation of equality bodies
Amendment 91 #
Proposal for a directive Recital 8 (8) All Member States have established equality bodies pursuant to Directive 2006/54/EC and 2010/41/EU. A diverse system of equality bodies has been put in place, and good practices have emerged. However, many equality bodies face challenges, in particular concerning the resources, independence and powers necessary to perform their tasks62 . It is important to point out that in a number of Member States, equality bodies also have competences in promoting equality and tackling discrimination on the grounds of gender identity and expression and sex characteristics. Since this is not the case in all Member States, this leads to differing levels of protection against discrimination as regards the matters covered by those Directives across the Union. _________________ 62 See the detailed analysis in SWD(2021)
Amendment 92 #
Proposal for a directive Recital 8 a (new) (8a) Member States shall ensure that the above-mentioned resources – financed by the taxpayer – are sufficient, but in no case superfluous, and are tightly managed.
Amendment 93 #
Proposal for a directive Recital 9 (9) Directives 2006/54/EC and 2010/41/EU leave a wide margin of discretion to Member States as regards the structure and functioning of equality bodies. This results in significant differences between the equality bodies established in the Member States, in terms of the bodies' mandates, competences,
Amendment 94 #
Proposal for a directive Recital 9 (9) Directives 2006/54/EC and 2010/41/EU leave a wide margin of discretion to Member States as regards the structure and functioning of equality bodies. This results in significant differences between the equality bodies established in the Member States, in terms of the bodies' mandates, competences, structures, resources and operational functioning. This, in turn, means that protection against discrimination differs from one Member State to another, resulting in unequal protection of victims of discrimination across the EU and an inadequate implementation of the EU’s equal treatment legislation. In view to ensure a holistic, effective and comprehensive protection against discrimination, Member States should promote, encourage and fund equality bodies to cover all grounds of discrimination in accordance with the open-ended clause of Article 21 of the Charter.
Amendment 95 #
Proposal for a directive Recital 10 (10) To ensure that equality bodies can effectively contribute to the enforcement of Directives 2006/54/EC and 2010/41/EU by promoting equal treatment, preventing discrimination and offering assistance to all individuals and groups that are discriminated against to access justice across the Union, it is necessary to adopt binding minimum standards for the functioning of those bodies. The new standards should draw on the lessons learnt through the application of Commission Recommendation 2018/95163, building on some of its provisions and laying down new rules where necessary. They should also draw from other relevant instruments, such as the
Amendment 95 #
Proposal for a directive Recital 1 (1) The Treaties and the Charter of Fundamental Rights of the European Union recognise the right to equality and the right to non-discrimination as essential values of the Union57 , and the Union has already adopted several Directives on the prohibition of discrimination
Amendment 96 #
Proposal for a directive Recital 10 (10) To ensure that equality bodies can effectively contribute to the enforcement of Directives 2006/54/EC and 2010/41/EU by promoting equal treatment, preventing discrimination and offering assistance to all individuals, families and groups that are discriminated against to access justice across the Union, it is necessary to adopt binding minimum standards for the functioning of those bodies. The new standards should draw on the lessons learnt through the application of Commission Recommendation 2018/95163
Amendment 96 #
Proposal for a directive Recital 2 (2) Pursuant to Article 157(3) TFEU, the European Parliament and the Council shall adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value, without prejudice to the other provisions of the Treaties and within the limits of the powers conferred upon the Union.
Amendment 97 #
Proposal for a directive Recital 11 a (new) (11a) The minimum standards laid down in this Directive allow Member States to determine the specific form and involvement of equality bodies within the framework of the powers of the state, in accordance with the specific characteristics of the respective Member States, while respecting the common criteria laid down in this Directive;
Amendment 97 #
Proposal for a directive Recital 2 a (new) (2a) The Court of Justice has held that the scope of the principle of equal treatment for men and women cannot be confined to the prohibition of discrimination based on the fact that a person is of one or other sex.
Amendment 98 #
Proposal for a directive Recital 12 (12) This Directive should apply to equality bodies’ action as regards the matters covered by Directives 2006/54/EC and 2010/41/EU. The standards should only concern the functioning of equality bodies and should not extend the material or personal scope of those Directives. In a number of Member States, as a good practice and following the broad interpretation by the CJEU of the ground of ‘sex’, equality bodies also have competence for promoting equality and tackling discrimination on the grounds of gender identity and expression and sex characteristics1a. However, that is not the case in all Member States, which leads to differing levels of protection against discrimination as regards the matters covered by those Directives across the Union. _________________ 1a https://www.rainbow-europe.org/#1/0/0
Amendment 98 #
Proposal for a directive Recital 6 (6) Directives 2006/54/EC and 2010/41/EU require Member States to designate one or more bodies for the promotion of equal treatment, including the analysis, monitoring and support of equal treatment of all persons without discrimination on the grounds covered by the respective Directives (hereinafter ‘equality bodies’). They require Member States to ensure that the competences of these bodies include: providing independent assistance to victims free of charge, conducting independent surveys concerning discrimination, publishing independent reports and making recommendations on any issue relating to such discrimination. They also require Member States to ensure that the tasks of these bodies include the exchange of information with
Amendment 99 #
Proposal for a directive Recital 12 (12) This Directive should apply to equality bodies’ action as regards the matters covered by Directives 2006/54/EC and 2010/41/EU. The standards should only concern the functioning of equality bodies and should not extend the material or personal scope of those Directives, taking account of the diversity of approaches that the Member States may apply in order to resolve questions related to discrimination.
Amendment 99 #
Proposal for a directive Recital 9 (9) Directives 2006/54/EC and 2010/41/EU leave a wide margin of discretion to Member States as regards the structure and functioning of equality bodies. This results in significant differences between the equality bodies established in the Member States, in terms of the bodies' mandates, competences, structures, resources and operational functioning. This, in turn, means that protection against discrimination differs from one Member State to another, resulting in unequal protection of victims of discrimination across the EU and an inadequate implementation of the EU’s equal treatment legislation. In view to ensure a holistic, effective and comprehensive protection against discrimination, Member states should promote and fund equality bodies to cover all grounds of discrimination in accordance with the open-ended nature of Article 21 of the Charter.
source: 752.805
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https://www.europarl.europa.eu/doceo/document/A-9-2023-0354_EN.html
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| events/6/docs/0/url |
https://www.europarl.europa.eu/doceo/document/A-9-2023-0354_EN.html
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2023-11-11Show (3) Changes | Timetravel
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| procedure/stage_reached |
Old
Awaiting committee decisionNew
Awaiting Parliament's position in 1st reading |
2023-11-08Show (3) Changes | Timetravel
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| forecasts |
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2023-10-31Show (4) Changes | Timetravel
| docs/2/docs/0/url |
Old
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C:2023:064:TOCNew
https://eur-lex.europa.eu/oj/daily-view/L-series/EN/TXT/?uri=OJ:C:2023:064:TOC |
| docs/7/date |
Old
2023-03-23T00:00:00New
2023-03-24T00:00:00 |
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Old
2023-09-14T00:00:00New
2023-09-15T00:00:00 |
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Old
2023-04-04T00:00:00New
2023-04-05T00:00:00 |
2023-10-14Show (1) Changes | Timetravel
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2023-09-30Show (1) Changes | Timetravel
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2023-09-15Show (1) Changes | Timetravel
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2023-07-03Show (1) Changes | Timetravel
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2023-06-22Show (2) Changes | Timetravel
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2023-06-19Show (2) Changes | Timetravel
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2023-06-17Show (2) Changes | Timetravel
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Old
2023-03-24T00:00:00New
2023-03-23T00:00:00 |
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Old
2023-04-05T00:00:00New
2023-04-04T00:00:00 |
2023-06-16Show (7) Changes | Timetravel
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2023-03-23T00:00:00New
2023-03-24T00:00:00 |
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2023-04-04T00:00:00New
2023-04-05T00:00:00 |
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2023-06-15Show (8) Changes | Timetravel
| committees/0 |
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| procedure/dossier_of_the_committee/0 |
CJ21/9/12285
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| procedure/dossier_of_the_committee/0 |
FEMM/9/10880
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| procedure/legal_basis/0 |
Rules of Procedure EP 57
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| procedure/legal_basis/1 |
Rules of Procedure EP 58
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2023-06-02Show (1) Changes | Timetravel
| commission |
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2023-05-09Show (2) Changes | Timetravel
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2023-04-18Show (1) Changes | Timetravel
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2023-04-12Show (2) Changes | Timetravel
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Old
Standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupationNew
Union of equality: standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation |
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| procedure/Legislative priorities |
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2023-02-04Show (1) Changes | Timetravel
| committees/1/opinion |
False
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2023-01-25Show (2) Changes | Timetravel
| docs/0 |
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2023-01-24Show (2) Changes | Timetravel
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2022-12-21Show (2) Changes | Timetravel
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2022-12-20Show (5) Changes | Timetravel
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| events/0 |
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| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2022-12-15Show (1) Changes | Timetravel
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2022-12-14Show (1) Changes | Timetravel
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