Brussels, 28/06/2007 (Agence Europe) - The Commission has sent formal requests to 14 member states of the EU to fully implement EU rules banning discrimination on the grounds of race or ethnic origin (2000/43/EC). The countries concerned - Spain, Sweden Czech Republic, Estonia, France, Ireland, United Kingdom, Greece, Italy, Latvia, Poland, Portugal, Slovenia and Slovakia - have two months in which to respond, failing which the Commission can take them to the European Court of Justice. The Commission may also call on the Court to impose a fine on any recalcitrant states.
The Commission decided to send these formal requests, that take the form of a “reasoned opinion”, because: 1) national legislation is limited to the workplace whereas the Race Equality Directive also prohibits discrimination in social protection, education and access to goods and services, including housing; 2) definitions of discrimination diverge from the directive (in particular, in terms of indirect discrimination, harassment and instructions to discriminate); and 3) there are inconsistencies in the provisions designed to help victims of discrimination (such as the protection against victimisation, the shift of the burden of proof and the rights of associations to assist individuals with their cases).
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This directive, more commonly known as the “anti-discrimination package”, was proposed by the Commission at the end of November 1999 on the initiative of the then Social Affairs Commissioner Anna Diamantopoulou, and (unanimously) adopted by EU Employment and Social Affairs Ministers on 13 March 2000. This package comprises three texts: (1) a directive outlawing all discrimination on the grounds of race or ethnic origin, religion or belief, disability, age or sexual orientation in employment and occupation; (2) a directive banning discrimination on the grounds of racial or ethnic origin in employment, education, access to the supply of goods and services, social protection and cultural activities; (2) a community action programme (2001-2006) to support member states and complement the implementation of the directives through sharing information and experiences, and sharing best practice in both legislative and non-legislative areas (see EUROPE 7675, 7601 and 7585). The directive banning all discrimination on the grounds of racial origin was to have been transposed into the national legislations of the 15 “old” EU member states by 19 July 2003, by 1 May 2004 for the 10 “new” member states and by 1 January 2007 in Romania and Bulgaria. (gb)