[WCAR] European Commission acts to close gaps in race equality rules

PRESS RELEASE -- European Commission 
Brussels, 27 June 2007

The Commission has sent formal requests to 14 Member States to fully 
implement EU rules banning discrimination on the grounds of race or ethnic 
origin (2000/43/CE). The countries concerned * Spain, Sweden, Czech 
Republic, Estonia, France, Ireland, United Kingdom, Greece, Italy, Latvia, 
Poland, Portugal, Slovenia and Slovakia * have two months to respond, 
failing which the Commission can take them to the European Court of 
Justice. The Race Equality Directive was agreed in 2000 with a deadline 
for implementation into national law by 2003. 

"The right to be treated equally is a fundamental right, but every day 
across the EU people face discrimination in jobs, schools, shops, housing 
and healthcare because of the colour of their skin", said Vladimír *pidla, 
EU Commissioner for Employment, Social Affairs and Equal Opportunities. 
"The EU's equality laws are vital in overcoming these barriers and 
stamping out discriminatory treatment. But we must make sure these rules 
are properly implemented so people in Europe have full legal protection 
against discrimination in practice. Our action today is all the more 
crucial in this, the European Year of Equal Opportunities for All". 

Ten years ago, at the EU summit in Amsterdam, Member States tasked the EU 
to combat discrimination. All EU countries have made genuine efforts to 
implement the Race Equality Directive, which was agreed unanimously in 
2000. However, not all national legislation fully conforms to these 
requirements. The Commission is in contact with all Member States on these 
issues and - in a number of cases - it is clear that changes to national 
laws are already in the pipeline. 

Today's formal request takes the form of a 'reasoned opinion' to 14 Member 
States that have not implemented the Directive correctly. It is the second 
step of infringement procedures. The main problem areas include: 

* National legislation limited in scope to the workplace, whereas the Race 
Equality Directive also prohibits discrimination in social protection, 
education and access to goods and services, including housing; 
* Definitions of discrimination which diverge from the Directive (in 
particular, in terms of indirect discrimination, harassment and 
instructions to discriminate); 
* 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). 

Under the infringement procedure, Member States have two months to reply 
to the reasoned opinion. If there is no satisfactory reply, the Commission 
will refer the matter to the European Court of Justice in Luxembourg. It 
can also request that the Court impose a fine on the country concerned. 




 
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