In early February, the European Network of Equality Bodies (Equinet) published its position on the proposed directives to strengthen the role of equality bodies (see EUROPE 13079/21). While welcoming the work of the European Commission, it called for further refinement of the texts, in particular with regard to their investigative powers.
Indeed, in the context of complaints procedures, the equality bodies will be authorised to issue opinions and/or adopt binding decisions. However, Equinet points out that these will be based on information provided voluntarily by the parties concerned or third parties, unless the Member State introduces an obligation. The Network believes that agencies should be empowered to request and compel the provision of information in all EU countries.
In addition, the directives stipulate that equality bodies may take legal action. However, they will not be able to use information obtained by the alleged perpetrator or third parties in the course of their investigations, if this is the result of an obligation in the Member State. One risk, Equinet points out, is that perpetrators will refuse to cooperate unless they are legally obliged to do so. “Once that happens, they can be sure that in court proceedings, the [body] will not be able to use any of the documents and information so obtained. Conversely, Equality Bodies that plan to litigate will have an incentive not to use their investigation powers”, the position states.
On form, Equinet calls on the EU Council and the European Parliament to ensure that the texts remain similar as the negotiations proceed. “Diverging or even contradicting provisions in the two directives would lead to a confusing and ineffective system”, it adds.
While it makes suggestions, the Network remains enthusiastic overall. “The directives will be the first ever international, legally binding standards for [these] bodies. This is an important step to better implement the EU’s equal treatment legislation”, it says.
To read the position: https://aeur.eu/f/5g2 (Original version in French by Hélène Seynaeve)