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Transposition of EU equal treatment directive not without difficulty
21-02-2007

All EU Member States have now transposed the EU directive on equal treatment into national law, but not without difficulty. This is one of the findings of a European Commission report on the progress made with the implementation of the directive, for the EU ministers of Justice and Home Affairs. The directive protects all people against discrimination on the basis of their racial or ethnic origin. It covers areas such as employment, social advantages, healthcare, education and access to goods and services available to the public. As the directive is now in force in all EU countries, local authorities need to ensure that their policies are in agreement with the provisions of the directive.
For most EU Member States, the transposition of the directive required fairly extensive changes to existing legislation, or whole new acts. This may explain the delays in transposition in some countries. In 2005, Germany, Austria, Finland and Luxembourg were even referred to the EU Court of Justice for not incorporating the provisions fully.
To ensure effective implementation and enforcement of the legislation, the following issues need to be addressed in the coming years:
  • the right of redress
  • the structure and functioning of equality bodies
  • dissemination of information on the right to non-discrimination
  • the role of social partners and Non-Governmental Organisations (NGOs)
  • gender mainstreaming and multiple discrimination
  • positive action measures
The report concludes that the directive has been a major step forward in the fight against racial discrimination across the EU. The challenge for the coming years will be to ensure the full and effective transposition, implementation and enforcement of its provisions. However, the lack of ethnic data in most EU Member States might hinder proper monitoring of the application of the directive.

Source: European Information Service (EIS)

Files
Report from the European Commission on the application of directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (PDF, Eng, 145 KB)


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