The Swedish Presidency of the Council of the EU presented an updated proposal for directives to strengthen the role of the Equality Bodies on Monday 20 and Tuesday 21 March at the meeting of the EU Council Working Party on Social Issues. A version that differs little from the previous one, unveiled in our columns (see EUROPE 13130/16).
The revised text introduces changes in various aspects, ranging from the requirement for transparent rules for the selection of staff, but also of board members, to the extension of the transposition period from 18 to 24 months. However, as with the first amendments put forward, it is still on the complaints and dispute resolution mechanisms that the EU Council’s text differs significantly from that of the European Commission.
For example, with regard to “alternative dispute resolution” , replacing out-of-court settlements, which were included in the original directives, Stockholm suggests that the process could be conducted by a “competent” body “in accordance with national law and practices”. On the other hand, it reinstates the possibility of exercising the right of access to justice following such a procedure, if it “ends without a resolution”.
With regard to legal action, and in contrast to previous versions of the text, Sweden envisages leaving it up to the Member States to decide whether investigations by the equality bodies can continue when legal proceedings are underway.
Finally, with regard to accessibility, the Swedish Presidency reinstated the provision that bodies “shall be able to receive complaints orally, in writing and online”.
The Swedish Presidency hopes to present a general approach to these texts in June.
To read the proposed amendments: https://aeur.eu/f/5wg (Original version in French by Hélène Seynaeve)