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DRAFT 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-PA-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 and equal opportunities between women and men in employment and occupation. The amendments strengthen equality bodies' independence, resources, competences and tasks, including prevention, victim support, investigations, decision-making and court action. They require Member States to ensure equality bodies cover all grounds of discrimination, address intersectional and structural discrimination, and cooperate at national, Union and international level. They add definitions of structural or systemic discrimination and intersectional discrimination, and require monitoring and reporting by the Commission and Member States.

Committee position. The committee calls on the responsible committees to take into account amendments that strengthen equality bodies' independence, resources, competences and tasks, including prevention, victim support, investigations, decision-making and court action, and that require coverage of all grounds of discrimination and an intersectional approach.

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 ensure equality bodies have sufficient human, technical and financial resources, with stable multi-annual budgets and no reductions, including for increases in competences, complaints, litigation costs and use of automated systems.
  3. Equality bodies must be able to investigate complaints or act on their own initiative, access information and evidence, and impose sanctions if evidence is not provided without justified reason.
  4. Equality bodies must have decision-making competences, including issuing binding enforceable decisions or non-binding opinions, imposing sanctions such as compensation and fines, and ensuring follow-up and enforcement.
  5. Equality bodies must have the right to act before institutions, adjudicatory bodies and courts, including as a party, amicus curiae, third party or expert, and to initiate proceedings in their own name for structural or systemic discrimination.
  6. Member States must ensure victims do not bear court and administrative fees or representation fees, particularly in cases of structural or systemic discrimination and strategic litigation.
  7. Equality bodies must provide support and assistance to victims, including legal advice, information on procedural aspects and remedies, and confidentiality for witnesses, whistle-blowers and, as far as possible, complainants.
  8. Equality bodies must promote equality, prevent discrimination, raise awareness, and address intersectional discrimination, including by cooperating with social partners and civil society organisations.
  9. Equality bodies must be equipped to understand and address algorithmic discrimination, provide solutions and support victims, and ensure automated systems comply with accessibility requirements.
  10. Member States must ensure equality bodies' services are free of charge, accessible throughout their territory including rural and remote areas, and provide reasonable accommodation for persons with disabilities.
  11. Equality bodies must publish a report every two years on the state of gender equality, equal treatment and discrimination, including recommendations and follow-up, and present it to the national parliament and send it to the European Parliament.
  12. The Commission must establish a list of common indicators by delegated act, and Member States must report every two years; the Commission must draw up an application report every three years, including an assessment of independent functioning and handling complaints of interference.

Who is affected

  • Equality bodies in Member States: gain strengthened independence, resources, competences and powers.
  • Member States: must ensure independence, resources, free accessible services, and reporting obligations.
  • Victims of discrimination: receive support, assistance, legal advice, confidentiality and fee-free access to courts.
  • Persons with disabilities: guaranteed accessibility and reasonable accommodation to equality bodies' services.
  • Commission: must establish indicators, monitor application and report every three years.

Figures and deadlines

  • Report every two years on the state of gender equality, equal treatment and discrimination.
  • Member States provide information to the Commission by [2 years after the date of transposition], and every 2 years thereafter.
  • Commission draws up an application report every three years.