The European Ministers for Social Affairs, meeting in Luxembourg at the Employment, Social Policy, Health and Consumer Affairs Council (EPSCO), have given the green light to the general approach on directives aimed at strengthening equality bodies (see EUROPE 13196/20). Negotiated by the Swedish Presidency of the EU Council in just six months, they differ from the European Commission’s December 2022 texts in terms of the independence, resources and powers granted to the bodies (see EUROPE 13190/3).
The 14 ministers who spoke at the EPSCO session supported the political agreements drawn up by the Swedish Presidency (‘general approach’), believing that they strike a “fair balance” between introducing common minimum standards and maintaining a certain amount of national leeway.
The Commissioner for Equality, Helena Dalli, in turn conceded that the Swedish compromise introduces “necessary flexibilities, taking into account the institutional, judicial and budgetary autonomy of the Member States”, while respecting the spirit of the initial proposal.
However, she expressed reservations about three aspects of the Swedish text: - weakened investigative powers and reduced ability of equality bodies to take legal action; - an explicit reference to the fact that these bodies may belong to a ministry; - a transposition deadline extended to 36 months.
Finally, she welcomed the Swedish Presidency’s efforts to maintain the content of these identical directives, even though one requires unanimity in the Council and the other must be negotiated with the European Parliament. At the end of the inter-institutional negotiations, she added, “it is of outmost importance” that these two texts remain identical in order to “ensure consistent standards across the grounds and fields covered” (see EUROPE 13079/21).
Several Member States, including Italy and France, insisted on the need to maintain the balance struck by the Presidency during the negotiations with the European Parliament, particularly with regard to the choice left to Member States to opt for legal proceedings adapted to their national model.
See the ‘general approach’: https://aeur.eu/f/7fk ; https://aeur.eu/f/7fl (Original version in French by Hélène Seynaeve)