Brussels, 23/11/2009 (Agence Europe) - On Friday 20 November, the European Commission took a range of decisions about member states which had been or still are infringing EU rules about equality between men and women, equality in terms of employment, and racial equality. The Commission decided to:
(1) Withdraw the complaint it had lodged against Estonia at the European Court of Justice (ECJ) for failure to transpose EU rules banning any form of sexual discrimination when accessing services and the supply of services (Directive 2004/113/EC). On 25 June 2009, the Commission sent Estonia to court because it had failed to communicate full transposition of the directive but Estonia recently made all the necessary changes to its laws on sexual equality, thereby transposing the EU rules into Estonian law;
(2) Launch legal proceedings against the United Kingdom and Denmark. Both member states have already received reasoned opinions about incomplete implementation of EU rules banning sexual discrimination in work and employment (Directive 2002/73/CE). The UK is criticised for an over-restrictive definition of what constitutes indirect discrimination, over-generous exemptions, vagueness in the definition of exemptions to the non-discrimination rule for holders of public office, and lack of clarity about the right of associations to support victims of discrimination in court. The Commission is concerned with regard to the role and powers of the body in Denmark responsible for equal treatment between men, and women and the right of victims of discrimination to request rectification from the body. Both member states now have two months to respond, in the absence of which, the Commission may take the case to the ECJ.
(3) Send a reasoned opinion to the United Kingdom for improper transposition of EU rules banning any form of discrimination at work or in the labour market on the grounds of religion, belief, disability, age or sexual orientation (Directive 2000/78/EC). The Commission points out that there is no direct prohibition of discrimination in UK law and the exemptions to the ban on discrimination based on sexual orientation for religious orders (employing staff) are more generous than allowed under the EU directive.
(4) End the infringement proceedings against Slovakia under Directive 2000/78/EC because Slovakia has introduced a series of laws updating its legislation in line with the directive following warnings from the Commission. In its warning letter, the Commission explained that Slovakia's legislation failed to comply with the directive over the definitions of harassment and equal treatment, the fact that foreigners were not covered by anti-discrimination rules, the justification of discrimination at national level, the duty to make arrangements for disabled workers, and the fact that Slovakia's laws allowed discrimination on the grounds of age.
(5) End the infringement proceedings against Spain, Slovakia and Malta, which have changed their rules to bring them into line with EU Directive 2000/1943/EC on racial equality, which bans direct or indirect discrimination on the grounds of ethnic origin or race in the workplace and elsewhere. (G. B./transl.fl)