The European directive on equal treatment remains a complex issue, despite the efforts of the Belgian Presidency of the Council of the European Union. Marie-Colline Leroy, Belgian Secretary of State for Gender Equality, stressed that consensus was still “within reach”. However, there remains a lack of unanimity, notably due to the blocking by Germany and Italy, which was reiterated at an Employment, Social Policy, Health and Consumer Affairs Council (EPSCO) on equality on Tuesday 7 May.
Since this text, which aims to extend protection against discrimination to areas other than employment (see EUROPE 13400/19), was proposed in 2008, differences have continued to hamper the Council’s establishment of a general approach.
Yet the issue of equality is urgent and essential, says Marie-Colline Leroy, as figures still show persistent discrimination. She called for this legislative vacuum to be filled in the name of the European Union’s values, urging the Council to assume its responsibilities.
According to Ms Leroy, the Belgian Presidency has demonstrated its determination to attain results in recent months through “intense and constructive” discussions. Legal clarity has been improved, guarantees linked to the principle of subsidiarity strengthened and budgetary costs reduced, by drawing on other EU legislation.
This approach has met with a positive response from a large majority of Member States. Spain, despite regretting the reduced ambition, nevertheless supports the proposal. Denmark, while reaffirming its earlier concerns, recognises “a better delimitation of the scope” and welcomes the clarification of exceptions related to age. With its economic reserves gone, it signalled that it was time to act. The Slovenian minister, Luka Mesec, also expressed his impatience, describing the timeframe as “too long”.
Germany and Italy remain cautious
The German minister, Lisa Paus, announced that the directive was currently being reviewed by the federal government and reiterated the need to remove the financial obstacles and bring the directive into line with the German constitution. She expressed the hope of being able to give good news, but asked for more time.
Italy, for its part, recognises the importance of the text, but insists on the need for an in-depth review, including consultations at several levels of government. The areas where discrimination persists require further clarification, as well as uniform data collection to identify gaps.
The Czech minister, Edita Hrdá, highlighted the progress made in terms of protection against discrimination, noting that many Member States had already achieved an equivalent level of protection. She called for the principle of subsidiarity to be respected and for each country to manage these issues at national level.
Despite these reservations, the majority of Member States are disappointed at the lack of consensus. The Estonian and Finnish ministers, among others, expressed their regret at the lack of unanimity for political reasons.
The European Commissioner for Equality, Helena Dalli, and Marie-Colline Leroy have taken note of the need for further reflection on the part of reluctant countries. The next EPSCO Council, scheduled for 20 and 21 June, is the next deadline set by the Belgian Presidency in the hope of reaching a unanimous agreement. (Original version in French by Nithya Paquiry)