Helena Dalli – Photo © European Union 2022
(BRUSSELS) – The Commission adopted two proposals Wednesday to strengthen equality bodies, in particular their independence, resources and powers, so they can combat discrimination in Europe more effectively.
Equality bodies are seen as essential in assisting victims of discrimination and making sure that EU law on non-discrimination is implemented on the ground. The Commission says new legislation will ensure that equality bodies can achieve their full potential. It will better protect victims of discrimination and contribute to the prevention of discrimination.
“We are building a Union of equality where all of us, regardless of gender, religion or belief, ethnicity, age, disability, or sexual orientation, can live free from discrimination,” said Equality Commissioner Helena Dalli: “In this process, strengthening of equality bodies is key to prevent and tackle discrimination, for the benefit of individuals and society at large.” She said the Commission’s proposals would empower equality bodies to become “independent, well resourced and hubs of expert knowledge on equality”.
Existing EU rules on equality bodies leave a wide margin of discretion to the Member States as regards their set-up and operation. This, says the Commission, has resulted in significant differences across Member States, in particular, regarding the powers, independence, resources, accessibility and effectiveness of equality bodies. The EU executive is proposing a set of binding rules to strengthen the role and independence of equality bodies:
- Enhanced competences: The proposals extend the competence of equality bodies to two existing Directives, the Employment Equality Directive and the Gender Equality Directive in the field of social security.
- Independence: There will be a legal requirement for equality bodies to be free from external influence, in particular as regards their legal structure, accountability, budget, staffing, and organisational matters.
- Sufficient resources: Member States will have to provide equality bodies with the human, technical and financial resources necessary to exercise all their competences effectively.
- Accessibility for all victims: Services of equality bodies will have to be free and accessible to all victims on an equal basis, including for persons with disabilities. Equality bodies will also have to provide complainants with a preliminary assessment of their case.
- Consultation on law- and policy making process: Public institutions will be required to consult equality bodies in a timely manner and to consider their recommendations on matters related to discrimination and equal treatment; equality bodies will also cooperate with other relevant stakeholders to share knowledge and create synergies.
- Enhanced powers in discrimination cases: Equality bodies will be able to investigate cases of discrimination, issue opinions or binding decisions (depending on the choice of Member States), and act in court in discrimination cases. Equality bodies will also be able propose an alternative dispute resolution mechanism, such as conciliation or mediation, to the parties in a complaint procedure.
- Awareness raising: Member States and equality bodies will step up their efforts aiming at prevention of discrimination and promotion of equality.
- Sharing expertise: Equality bodies will produce regular reports on the state of equal treatment and discrimination and be able to make recommendations.
With there currerntly being no common formal monitoring of equality bodies, the proposal stipulates that the Commission will establish common indicators to assess the effects of the proposed measures and ensure comparability of data collected at national level. The Commission will issue a report every 5 years on the situation of equality bodies across the EU.
Proposal for a Council Directive on standards for equality bodies
