The horizontal anti-discrimination directive is back on the table of the Member States. The Committee of Permanent Representatives of the Governments of the Member States of the European Union (Coreper I), which met on Wednesday 5 February, held an exchange of views on this text, which has been awaiting for a unanimous adoption since 2008.
Although progress was made during the Belgian Presidency of the EU Council, which ended at the end of June 2024 (see EUROPE 13436/24), the text is still blocked due to opposition from three Member States.
Last Wednesday’s discussion enabled twenty-three EU countries (excluding the Presidency) to reiterate their support for the text as drawn up by the Belgian Presidency, while Germany and Italy once again expressed their reservation about examining it, mainly for financial reasons.
The Czech Republic also confirmed its opposition.
The situation in Germany, however, is special: the political stakes, linked in particular to the early federal elections to be held on 23 February, will have an impact on the direction of the dossier.
The reason for this is that the Free Democrat Party (FDP), which opposes the directive, may no longer be part of the next government coalition, which could lead to a change in Berlin’s position.
According to a source close to the matter, the Polish Presidency, which took over the helm of the EU Council in January, seems to be banking on a favourable impetus following the German elections.
In addition, Austria’s position, which has been uncertain until now, remains a factor to be monitored. As the government is currently being formed, its future will depend on which party in the coalition takes over the portfolio as negotiations between the Austrian People’s Party, the Social Democrats and the Liberals have proved fruitless, and the door remains open for a rapprochement with the far right.
Despite these uncertainties, according to our sources, the Polish Presidency is optimistic for the time being, hoping for a favourable alignment, and intends to put the text on the agenda of the EU ‘Employment, Social Policy, Health and Consumer Affairs’ Council in June. (Original version in French by Nithya Paquiry)