The European Commission announced on Wednesday 7 December the first binding measures to strengthen the role of Equality Bodies as part of its Equality Package. A first for the European Union. The aim is to ensure that these organisations enjoy similar conditions across the EU and to strengthen the application of European rules on equal treatment.
“Since 2000, EU equality rules require all Member states to establish national equality bodies […] however national standards are very diverse and [do] not always meet with EU guidelines”, complained EU Equality Commissioner Helena Dalli.
In concrete terms, this is a single proposal in two directives, each with a separate legal basis. Together, they will strengthen the Equality Bodies provided for in the Directives on equal treatment irrespective of racial or ethnic origin (2000/43), equal treatment between men and women in the labour market (2006/54), equal access to and supply of goods and services (2004/113) and equal treatment between men and women engaged in a self-employed capacity (2010/41). They will also introduce these bodies into the Directives on equal treatment in employment (2000/78) and on equal treatment between men and women in matters of social security (79/7).
The proposed rules are based on three pillars: - independence and resources; - strengthening the mandate of equality bodies; - data collection on inequalities.
Independence and resources
Member States will have to ensure that Equality Bodies can act freely, “in particular as regards their legal structure, accountability, budget, staffing, and organisational matters”. In particular, they will be required to provide transparent staff selection rules and guarantees of independence. They will also have to ensure that they have the “necessary human, technical and financial resources” to effectively exercise their powers.
Strengthen their mandate
In addition, the Commission wishes to strengthen the mandate of the equality bodies. The proposal provides for additional powers to deal with cases of discrimination. In particular, they will be able to investigate, issue opinions and/or adopt binding decisions, “depending on the choice of the Member States”. In complaints procedures, they will be allowed to make a preliminary assessment and to suggest mechanisms for resolving disputes between parties, such as mediation.
The directives also provide for their increased involvement in the national legislative process. Public institutions will thus be obliged to consult the bodies and take their recommendations into account in matters relating to discrimination.
Data collection
Finally, the proposal intends to improve knowledge creation and data collection on inequalities in treatment. The bodies will thus be required to produce reports “at least every 4 years” on the state of equal treatment in their Member State. For its part, the Commission undertakes to establish common indicators to assess the effects of the proposed measures and to publish a report on the situation of equality bodies in the EU every 5 years.
Civil society organisations such as the European Network of Equality Bodies (Equinet) have welcomed the Commission’s “ambitious” proposals. The European Disability Forum (EDF) has nevertheless indicated that it would be keeping an eye out for the completion of “strong rules”.
To read the proposed guidelines: https://aeur.eu/f/4j4 ; https://aeur.eu/f/4j5 (Original version in French by Hélène Seynaeve)