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OPINION (COM(2022)0688 – C90409/2022 – 2022/0400(COD))

On the proposal for a directive of the European Parliament and of the Council Standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, and deleting Article 20 of Directive 2006/54/EC and Article 11 of Directive 2010/41/EU

LIBE-AD-751894

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Alice Kuhnke

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The Committee on Civil Liberties, Justice and Home Affairs proposes amendments to the proposed directive on standards for equality bodies in equal treatment between women and men in employment. It wants equality bodies to be fully independent, well funded and able to investigate, decide and act in court. The amendments add new definitions of structural or systemic discrimination and intersectional discrimination, and require equality bodies to address both. They extend the directive's scope to structural or systemic discrimination in the private and public sectors, including education, training, housing, health, social protection and law enforcement. They require Member States to give equality bodies stable multi-year budgets, dedicated litigation funding and staff, and to adjust budgets when competences or complaints increase. They require equality bodies to support victims free of charge, accept complaints in any form, offer amicable resolution, and ensure accessibility for persons with disabilities. They shorten the transposition deadline to 12 months and require Commission monitoring reports every three years.

Committee position. The committee proposes amendments to strengthen the proposed directive: it adds definitions of structural and intersectional discrimination, extends scope to sectors such as education, housing and law enforcement, reinforces independence, funding, investigation and court powers of equality bodies, and shortens the transposition deadline to 12 months.

Key points

  1. Equality bodies must be fully independent, autonomous and free from external influence, and must not be set up as part of a ministry or body taking instructions from the government.
  2. Member States must provide transparent, merit-based and participatory rules for selecting, appointing, promoting and revoking equality body staff and board members.
  3. Equality bodies must have adequate and sufficient safeguards in their internal structure to guarantee the independent exercise of all their competences, including where some require impartiality and others support victims.
  4. Equality bodies must be able to make public statements and publish research, recommendations and reports without prior government permission, approval or notification.
  5. Member States must give equality bodies stable multi-year budgets with contingency for unpredictable costs, and must increase budgets when competences, complaints or litigation costs rise, with no reductions.
  6. Member States must provide a dedicated, independent and yearly adjusted budget for litigation costs, significantly co-financed by EU funding programmes.
  7. Equality bodies must be empowered to investigate on complaint or their own initiative, access information, and sanction public and private entities that fail to cooperate.
  8. Equality bodies must be able to receive, examine and decide complaints, issue binding decisions, impose sanctions including compensation and fines, and issue non-binding opinions and recommendations.
  9. Equality bodies must be able to act before institutions, adjudicatory bodies and courts, including as amicus curiae, on behalf of victims with their informed consent, and in their own name for structural or systemic discrimination.
  10. Member States must ensure equality bodies can monitor the execution of decisions and put in place a system so victims do not bear court, administrative or representation fees, especially in strategic litigation.
  11. Equality bodies must provide support and assistance free of charge, including legal advice and information on remedies, and must accept complaints orally, in writing and online.
  12. Equality bodies must publish a report with recommendations at least every two years on gender equality, equal treatment and discrimination, including structural or systemic and online issues, and present it to the national parliament.

Who is affected

  • Equality bodies: gain stronger independence, funding, investigation, decision-making and court powers, and new duties on data, reporting and accessibility.
  • Member States: must designate and resource equality bodies, ensure stable budgets, and transpose the directive within 12 months.
  • Victims of discrimination: receive free support, legal advice, accessible complaint channels and protection from bearing court fees.
  • Public and private entities, including law enforcement: must cooperate with equality body investigations and face sanctions for non-cooperation.
  • Persons with disabilities: equality bodies must ensure physical and digital accessibility and reasonable accommodation.

Figures and deadlines

  • 12 months: deadline for Member States to bring into force laws to comply with the directive.
  • Every two years: frequency for equality bodies to publish a report on the state of gender equality and discrimination.
  • Every three years: frequency for the Commission to draw up a report on the application of the directive.
  • 2 years after transposition, and every 2 years thereafter: deadline for Member States to provide the Commission with information on the application of the directive.
  • 6 months after adoption: deadline for the Commission to issue guidelines for national strategies.