Next event: Text adopted by Parliament, 1st reading/single reading 2024/04/10 more...
- Decision by Parliament, 1st reading 2024/04/10
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations 2024/01/11
- Coreper letter confirming interinstitutional agreement 2023/12/20
- Text agreed during interinstitutional negotiations 2023/12/20
- Results of vote in Parliament 2023/11/23
- Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71 - vote) 2023/11/23
- Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71) 2023/11/20
- Committee report tabled for plenary, 1st reading 2023/11/10
- Vote in committee, 1st reading 2023/11/07
- Committee decision to open interinstitutional negotiations with report adopted in committee 2023/11/07
- Committee opinion 2023/10/12
- Contribution 2023/09/15
- Amendments tabled in committee 2023/09/08
- Committee draft report 2023/07/06
Progress: Awaiting Council's 1st reading position
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), Assita KANKO ( ECR), Maria WALSH ( PPE), Łukasz KOHUT ( S&D) |
Lead committee dossier:
Legal Basis:
RoP 57, RoP 58, TFEU 157-p3
Legal Basis:
RoP 57, RoP 58, TFEU 157-p3Subjects
Events
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.
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
- Text adopted by Parliament, 1st reading/single reading: T9-0196/2024
- 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
- Text adopted by Parliament, 1st reading/single reading: T9-0196/2024
- Contribution: COM(2022)0688
- Contribution: COM(2022)0688
- Contribution: COM(2022)0688
Activities
- Sirpa PIETIKÄINEN
Plenary Speeches (0)
- Marc ANGEL
Plenary Speeches (0)
- Margarita DE LA PISA CARRIÓN
Plenary Speeches (0)
History
(these mark the time of scraping, not the official date of the change)
docs/9 |
|
events/11/summary |
|
docs/9 |
|
events/11/summary |
|
docs/9 |
|
events/11 |
|
forecasts |
|
procedure/stage_reached |
Old
Awaiting Parliament's position in 1st readingNew
Awaiting Council's 1st reading position |
docs/9 |
|
events/11 |
|
forecasts |
|
procedure/stage_reached |
Old
Awaiting Parliament's position in 1st readingNew
Awaiting Council's 1st reading position |
docs/9 |
|
events/11 |
|
forecasts |
|
procedure/stage_reached |
Old
Awaiting Parliament's position in 1st readingNew
Awaiting Council's 1st reading position |
docs/9 |
|
events/11 |
|
forecasts |
|
procedure/stage_reached |
Old
Awaiting Parliament's position in 1st readingNew
Awaiting Council's 1st reading position |
forecasts |
|
events/8 |
|
events/8 |
|
events/8 |
|
events/8 |
|
events/8 |
|
events/8 |
|
docs/8 |
|
events/9/docs |
|
docs/7 |
|
events/9 |
|
forecasts |
|
docs/7 |
|
events/6/summary |
|
events/8 |
|
events/8 |
|
events/8 |
|
events/7 |
|
docs/7/docs/0/url |
https://www.europarl.europa.eu/doceo/document/A-9-2023-0354_EN.html
|
events/6/docs/0/url |
https://www.europarl.europa.eu/doceo/document/A-9-2023-0354_EN.html
|
docs/7 |
|
events/6 |
|
procedure/stage_reached |
Old
Awaiting committee decisionNew
Awaiting Parliament's position in 1st reading |
events/4 |
|
events/5 |
|
forecasts |
|
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 |
docs/8/date |
Old
2023-09-14T00:00:00New
2023-09-15T00:00:00 |
docs/9/date |
Old
2023-04-04T00:00:00New
2023-04-05T00:00:00 |
docs/6 |
|
docs/7 |
|
docs/5 |
|
forecasts/1 |
|
docs/4 |
|
committees/2/rapporteur |
|
forecasts/1 |
|
committees/0 |
|
committees/0 |
|
committees/0 |
|
committees/0 |
|
docs/4/date |
Old
2023-03-24T00:00:00New
2023-03-23T00:00:00 |
docs/5/date |
Old
2023-04-05T00:00:00New
2023-04-04T00:00:00 |
committees/0 |
|
committees/0 |
|
docs/4/date |
Old
2023-03-23T00:00:00New
2023-03-24T00:00:00 |
docs/5/date |
Old
2023-04-04T00:00:00New
2023-04-05T00:00:00 |
events/2 |
|
events/3 |
|
forecasts |
|
committees/0 |
|
committees/0 |
|
committees/2 |
|
committees/2 |
|
procedure/dossier_of_the_committee/0 |
CJ21/9/12285
|
procedure/dossier_of_the_committee/0 |
FEMM/9/10880
|
procedure/legal_basis/0 |
Rules of Procedure EP 57
|
procedure/legal_basis/1 |
Rules of Procedure EP 58
|
commission |
|
committees/0 |
|
committees/0 |
|
committees/0/shadows |
|
committees/2/rapporteur |
|
docs/3 |
|
docs/4 |
|
procedure/title |
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 |
docs/3 |
|
docs/2 |
|
procedure/Legislative priorities |
|
committees/1/opinion |
False
|
docs/0 |
|
events/0 |
|
docs/0 |
|
events/0 |
|
docs/0 |
|
events/0 |
|
docs/0/summary |
|
events/0 |
|
events/0 |
|
procedure/dossier_of_the_committee |
|
procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
events/0/docs/1 |
|
docs/0/docs/1 |
|
docs/1/docs/0 |
|
docs/2/docs/0 |
|