77 Amendments of Karen MELCHIOR related to 2022/0400(COD)
Amendment 83 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) In accordance with the case law1a of the Court of Justice of the European Union, the scope of the principle of equal treatment of men and women shall not be limited to the prohibition of discrimination based on sex as it also applies to discrimination arising from gender, gender identity and gender expression. _________________ 1a Judgment of 30 April 1996, P. v S., C- 13/94; Judgment of 7 January 2004, K.B., C-117/01; Judgment of 26 June 2018, MB, C-451/16
Amendment 86 #
Proposal for a directive
Recital 3
Recital 3
(3) The purpose of this Directive is to lay down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their mandate and independence in order to strengthen the application of the principle of equal treatment as enshrined in the TEU, TFEU and the Charter of Fundamental Rights and derived from Directives 2006/54/EC58 and 2010/41/EU59 . _________________ 58 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23). 59 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1).
Amendment 90 #
Proposal for a directive
Recital 7
Recital 7
(7) Directive 2000/43/EC60 of the Council and Directive 2004/113/EC61 of the European Parliament and the Council also provide for the designation of equality bodies. for the promotion, analysis, monitoring and support of equal treatment of all persons, without discrimination on grounds of sex, race or ethnic origin. _________________ 60 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000, p. 22). 61 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (OJ L 373, 21.12.2004, p. 37).
Amendment 93 #
Proposal for a directive
Recital 9
Recital 9
(9) Directives 2006/54/EC and 2010/41/EU leave a wide margin of discretion to Member States as regards the structure and functioning of equality bodies. This results in significant differences between the equality bodies established in the Member States, in terms of the bodies' mandates, competences, structures, resources and operational functioning. This, in turn, means that protection against discrimination differs from one Member State to another. Levels of discrimination remain high, victims’ awareness of their rights remains low and underreporting is still a considerable problem. Public awareness about and knowledge of discrimination remain limited and a lack of sufficient powers and resources hampers equality bodies’ ability to assist victims effectively or to prevent and address the development of new forms of discrimination based on gender identity, health or socio-economic status or resulting from developments in technology.
Amendment 100 #
(12) This Directive should apply to equality bodies’ action as regards the matters covered by Directives 2006/54/EC and 2010/41/EU. The standards should only concern the functioning of equality bodies and should not extend the material or personal scope of those Directivand the competences of equality bodies.
Amendment 101 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Equality bodies’ action to ensure the application of the principle of equal opportunities and equal treatment of men and women should include grounds of discrimination such as gender, gender identity, gender expression and those listed in article 21 of the Charter of Fundamental Rights such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, as well as intersectional discrimination.
Amendment 103 #
Proposal for a directive
Recital 14
Recital 14
(14) The proposed DirectiveDirective (EU) 2023/970 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms69 should be considered lex specialis to the enforcement provisions of Directive 2006/54/EC that will be replaced by this Directive. Any hHigher minimum standards established by the future Directive on Pay Transparency for equality bodies in matters relating to equal pay for the same work or work of equal value, including in pay transparency, as compared to those set out in this Directive, should prevail over those set out in this Directive. _________________ 69 Proposal for a Directive of the European Parliament and of the Council to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms (COM/2021/93 final).
Amendment 107 #
Proposal for a directive
Recital 15
Recital 15
(15) In promoting equal treatment, preventing discrimination and assisting victims of discrimination, equality bodies should pay particular attention to multiple and instersectional discrimination based on several of the grounds protected by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC, 2004/113/EC, 2006/54/EC and 2010/41/EU.
Amendment 112 #
Proposal for a directive
Recital 16
Recital 16
(16) Equality bodies can only effectively play their role if they are able to act with complete independence without being subject to any external influence. For that purpose, Member States should take into account a number of criteria that contribute to the independence of equality bodies. Equality bodies should not be set up as part of a ministry or body taking or seeking instructions directly from the government. Any permanent or temporary staff member or person holding a managerial position – for example as member of a board managing the equality body, head of the equality body, or deputy or in case of interim – should be independent, qualified for their position, and selected through a transparent process. The transparency in this process can be ensured, for example, by publishing vacancy notices publicly. Equality bodies should be able to manage their own budget and resources, including by selecting and managing their own staff, and be able to set their own priorities.
Amendment 120 #
Proposal for a directive
Recital 17
Recital 17
(17) To ensure that equality bodies can exercise all their competences and fulfil all their tasks, Member States should ensure thatguarantee the autonomy of equality bodies in the determination of their internal structure of equality bodiesin a way that allows the independent exercise of their various competences. Particular attention should be paid to situations where bodies are required both to be impartial and to offer support to victims. This is particularly relevant where the equality body holds binding decision- making powers requiring impartiality or is part of a multi-mandate body where another mandate requires impartiality. An internal structure ensuring a strict separation between the relevant competences and tasks should guarantee that the equality body can effectively exercise them.
Amendment 126 #
(18) The lack of appropriatedequate human, material, technical and financial resources is a key issue hampering the ability of equality bodies to adequateffectively fulfil their tasks. Therefore, Member States should ensure that equality bodies receive sufficientadequate funding, can hire qualified staff and, have appropriate premises and infrastructure to carry out each of their tasks effectively, within a reasonable time and within the deadlines established by national law. Their and have budgetary allocation should be stable, except in case of increase in competencend financial autonomy. Member States should ensure that human, material, technical and financial allocation of equality bodies increase proportionally to any extention of their missions and field of intervention or additional competences, especially their rights to act in court proceedings, planned on a multi-annual basis, and allow them to cover costs that may be difficult to anticipate such as increases in complaints and costs linked to litigation. To ensure that equality bodies are provided with sufficient resources, their budget should for instance not suffer cuts that are significantly higher than the average cuts to other public entities; similarly, their annual growth should at least be pegged to the average growth in funding to other entities. Resources should increase proportionally if equality bodies’ tasks and mandate are expandedadequate resources, their annual growth should at least be pegged to the average growth in funding to other similar public entities.
Amendment 131 #
Proposal for a directive
Recital 19
Recital 19
(19) Automated systems, including artificial intelligence, represent a useful tool to identify discrimination patterns, but algorithmic discrimination is also a risk. Equality bodies should therefore have access to qualified staff or services, able to use automated systems for their work on the one hand and to assess them as regards their compliance with non-discrimination rules on the other hand. Particular attention should be devoted to equipping equality bodies with appropriate digital resources, training and expertise, be it directly or by way of subcontracting. Automated systems should comply with accessibility requirements for persons with disabilities in accordance with Annex I of Directive (EU) 2019/882.
Amendment 137 #
Proposal for a directive
Recital 20
Recital 20
(20) Equality bodies, alongside other actors, have a key role to play in the prevention of discrimination and the promotion of equality. To address the structural aspects of discrimination and to contribute to social change, tequality bodies should be empowered to carry out activities to prevent discrimination and to promote equal treatment. They should promote equality duties, good practices, positive action and equality mainstreaming among public and private entities, and provide them with relevant training, information, advice, guidance and support, without prejudice to the competences of labour inspectorates or other enforcement bodies, as well as the social partners. They should communicate with public and private entities and groups at risks of discrimination in order to ensure an intersectional approach and to combat underreporting and engage in public debate in order to combat stereotypes and raise awareness about diversity and its benefits, a key pillar of the Union’s equality strategies.
Amendment 141 #
Proposal for a directive
Recital 21
Recital 21
(21) Beyond prevention, a central task of equality bodies is to provide assistance to victims of discrimination. This assistance should always be free of charge and include the provision of key information to complainants and a preliminary assessment of their complaint, based on the initial information gathered from the parties on a voluntary basis. Member States should beincluding whether the procedure will be closed or there are grounds to pursue it further. This preliminary assessment should be based on the initial information gathered from the parties on a voluntary basis or handed over upon request. In order to guarantee a simple and quick procedure, Member States should ensure that the equality body is in charge of defining the modalities under which ithe equality body would issue this assessment, such as the timeframe of the process or procedural safeguards against repetitive or abusive complaints.
Amendment 147 #
Proposal for a directive
Recital 22
Recital 22
(22) To ensure that all victims are able to complain, it should be possible to submit complaints in various ways, including orally, in writing and online and through a designated representative. Member States should also pay due regard to Commission Recommendation 2018/951 under which submission of complaints should be possible in a language of the complainant's choosing which is common in the Member State where the equality body is located. To address one of the causes of underreporting, namely, fear of reprisals, and without prejudice to Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law70 , confidentiality should be offered to witnesses and whistle-blowers, and as far as possible, to complainants and alleged perpetrators. _________________ 70 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
Amendment 153 #
Proposal for a directive
Recital 23
Recital 23
(23) To offer a possibility for a quick, affordable, out of court resolution of disputes, Member States should provide for the possibility for parties to seek an amicabllternative resolution to their disputes, by the equality body or another existing dedicated entity. They should define the modalities of the amicabllternative dispute settlement process according to national law and practice. They also ensure that initiating such a procedure does not prevent the parties from exercising their right of access to justice.
Amendment 154 #
Proposal for a directive
Recital 25
Recital 25
(25) Evidence is key in determining whether discrimination has taken place and it is often in the hands of the alleged perpetrator. Equality bodies should therefore be able to compel access to the necessary information and documents to establish discrimination and cooperate with the relevant public services – such as labour inspectorates or education inspectorates and social partners. Member States should establish an appropriate framework for the exercise of this competence, in accordance with national rules and procedures. Equality bodies may fully or partially entrust another competent body with conducting or collaborating on inquiries. This competent body should provide the equality body, upon its request, with the results of the inquiry.
Amendment 157 #
Proposal for a directive
Recital 26
Recital 26
(26) On the basis of the evidence gathered, either voluntarily or through an investigation, equality bodies should be empowered to provide their assessment to the complainant and the alleged perpetrator. Member States should determine the legal value of this assessment that can be a non- binding opinion or a binding enforceable decision. Both should state the reasons for the assessment and include, where necessary, measures to remedy any breach found and to prevent further occurrences. To ensure the effectiveness of equality bodies’ work, Member States should adopt appropriate measures for the follow-up of opinions and the enforcement of decisions.
Amendment 159 #
Proposal for a directive
Recital 27
Recital 27
(27) To promote their work and equality law, equality bodies should be able to publish a summary of their opinions and decisions without disclosing personal data. Equality bodies should be able to disclose personal data where such disclosure is provided for under national law, for example as a penalty for a finding of discrimination.
Amendment 162 #
Proposal for a directive
Recital 28
Recital 28
(28) Equality bodies should have the right to act in court proceedings in civil or administrative law matters in order to contribute to ensuring the respect of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU. While those court proceedings should be subject to national procedural law, including national rules on admissibility of actions, such rules, and in particular any condition of legitimate interest, cannot be applied in a way so as to undermine the effectiveness of the equality bodies’ right to act. The powers of investigation and decision-making and the right to act in court proceedings given to equality bodies by this Directive will facilitate the practical implementation of the current provisions of Directives 2000/43/EC, 2000/78/EC and ,2004/113/EC and (EU) 2019/1158 on the burden of proof and defence of rights. Under the conditions provided for in this Directive, equality bodies will be able to establish facts “from which it may be presumed that there has been direct or indirect discrimination”, thereby fulfilling the conditions provided for in Article 8 of Directive 2000/43/EC, Article 10 of Directive 2000/78/EC and Article 9 of Directive 2004/113/EC and Article 12 and 15 of Directive (EU) 2019/1158. Their support will therefore facilitate access to justice for victims.
Amendment 167 #
Proposal for a directive
Recital 31
Recital 31
(31) Equality bodies should also be able to submit oral or written statements to the courts as third-party interventions - e.g. amicus curiae – as a lightern additional way to support cases with their expert opinion.
Amendment 168 #
Proposal for a directive
Recital 32
Recital 32
Amendment 173 #
Proposal for a directive
Recital 35
Recital 35
(35) The effectiveness of equality bodies’ work also depends on giving groups at risk of discrimination full access to their services. In a survey conducted by the European Union Fundamental Rights Agency72 , 71% of members of ethnic or immigrant minority groups reported to be unaware of any organisation offering support or advice to victims of discrimination. A key step to support this access is for Member States to ensure that people know their rights and are aware of the existence of and services offered by equality bodies. This is particularly important for disadvantaged groups and groups whose access to that information can be hindered, for example by their health or socio-economic status, theirage, disability, their literacy, nationality, membership of a national minority, language, residence status, remote and rural geographic locations or their lack of access to online tools. _________________ 72 FRA EU-MIDIS II Survey.
Amendment 177 #
Proposal for a directive
Recital 36
Recital 36
(36) Access to equality bodies’ services and publications on an equal basis for all should be guaranteed. For that purpose, potential barriers to access to equality bodies’ services should be identified and addressed. Services should be free of charge for all complainants. Member States should also make sure that the services of equality bodies are available to all potential victims throughout their territory, for example through the establishment of local offices, including mobile ones, easy-to-use digital tools and solutions, the organisation of local campaigns or ,cooperation with local delegates orand civil society organisations, and the creation of partnerships with labour and educational inspectorates, social partners and companies.
Amendment 184 #
Proposal for a directive
Recital 37
Recital 37
(37) The Union and all Member States are parties to the UN Convention on the Rights of Persons with Disabilities73 (UNCRPD), which includes the obligation to prohibit discrimination on the basis of disability and to guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. This Directive should be interpreted in a manner consistent with the UNCRPD. To guarantee equal and effective legal protection and access for persons with disabilities to all services and activities of equality bodies, it is necessary to ensure accessibility, in accordance with requirements set out in Directives (EU) 2016/2102 and (EU) 2019/882, and reasonable accommodation. Equality bodies should ensure physical and digital74 accessibility by preventing and removing the barriers that persons with disabilities may face in accessing their services and information, and provide reasonable accommodation, taking necessary and appropriate modification and adjustments where needed in a particular case. Equality bodies should ensure that all forms of discrimination faced by persons with disabilities are addressed in their activities in line with the UNCRPD, including direct and indirect discrimination, denial of reasonable accommodation, discrimination by association, harassment, instruction to discriminate, as well as victimisation and hate speech. _________________ 73 OJ L 23, 27.1.2010, p. 37. 74 See Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016 p.1-15) and related Implementing Decision.
Amendment 188 #
Proposal for a directive
Recital 38
Recital 38
(38) Enabling equality bodies to regularly coordinate and cooperate at different levels, on a long-term basis, is key for mutual learning, coherence and consistency, and it may broaden the outreach and impact of their work. Equality bodies should cooperate, in particular, with other equality bodies in the same Member State and in other Member States – including in the framework of the European Network of Equality Bodies (Equinet) – and with relevant public and private entities at local, regional, national, Union and international level, such as civil society organisations, EU agencies, data protection authorities, trade unionsocial partners, labour and education inspectorates, law enforcement bodies, agencies with responsibility at national level for the defence of human rights, national statistical offices, authorities managing Union funds, National Roma Contact Points, consumer bodies, and national independent mechanisms for the promotion, protection and monitoring of the UNCRPD. Such cooperation should not involve the exchange of personal data (i.e. equality data in the form that individuals can be identified).
Amendment 195 #
Proposal for a directive
Recital 40
Recital 40
(40) Equality data are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends over time, proving the existence of discrimination, evaluating the implementation of equality legislation, demonstrating the need for positive action, and contributing to evidence-based policymaking75 . Equality bodies have a role to play in contributing to the development of relevant equality data for those purposes, for example by organising regular roundtables gathering all relevant entities. They should also collect and analyse disaggregated data on their own activities or conduct surveys and should be able to accessand commission surveys, reports and research and should be able to access, in an easily accessible format, and make use of statistical information collected by other public or private entities – such as the national statistical offices, national courts, labour and education inspectorates, trade unionsocial partners or civil society organisations - concerning the matters they are entrusted with under Directives 2006/54/EC and 2010/41/EU. That statistical information should not contain any personal data. e personal data collected shall be anonymised and, where not possible, pseudonymised. _________________ 75 Report from the Commission to the European Parliament and the Council on the application of Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (‘the Racial Equality Directive’) and of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (‘the Employment Equality Directive’) SWD(2021) 63 final.
Amendment 204 #
(43) In order to assess the effectiveness of this Directive it is necessary to establish a mechanism to monitor its application and, in addition to monitoring compliance, assess its practical effects. The Commission should be in charge of that monitoring and regularly draw up an application report, based on the information received from Member States and additional relevant data collected at national and Union level, in particular from stakeholders, and by the European Union Agency for Fundamental Rights, the European Institute for Gender Equality and equality bodies, including the European Network of Equality Bodies (Equinet). In order to ensure uniform conditions for the implementation of Member States’ reporting obligations pursuant to Article 16(2) as regards the practical effects of this Directive, implementing powers should be conferred on the Commission to establish a list of relevant indicators, on the basis of which data should be collected. This monitoring should not involve the processing of personal data.
Amendment 209 #
Proposal for a directive
Recital 48
Recital 48
(48) Where the fulfilment of the tasks of equality bodies requires the processing of special categories of personal data, namely data on racial or ethnic origin, religion or belief, disability or sexual orientationreferred to in Article 9(1) of Regulation (EU) 2016/679, Member States should also ensure that national law respects the essence of the right to data protection and provides for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject, in accordance with Article 9(2), point (g), of Regulation (EU) 2016/679. Such safeguards should include for example internal policies and measures to ensure data minimisation, including through anonymisation of personal data, where possible; to apply pseudonymisation and encryption to personal data; to prevent unauthorised access and transmission of personal data; and to ensure that personal data is not processed longer than is necessary for the purposes for which they are processed.
Amendment 210 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their mandate and independence in order to strengthen the application of the principle of equal treatment as enshrined in the TEU, TFEU, Charter of Fundamental Rights and derived from Directives 2006/54/EC and 2010/41/EU.
Amendment 215 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The application of the principle of equal treatment shall not be limited to the prohibition of discrimination based on sex as it also applies to discrimination arising from gender, gender identity and gender expression as derived from the case law of the Court of Justice of the European Union.
Amendment 219 #
Proposal for a directive
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. This Directive is without prejudice to the more specific provisions contained in Directive 2023/970/EU.
Amendment 226 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall take measures to ensure that equality bodies are independent and free from external influence in performing their tasks and exercising their competences, in particular as regards their legal structure, accountability, budget and resources, staffing, and organisational matters. Equality bodies shall not be set up as part of a ministry or body taking or seeking instructions directly from the government.
Amendment 238 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall provide for transparent rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff of equality bodies, in particular persons holding a managerial position, including members of a board managing the equality body, in order to guarantee their competence and independence.
Amendment 244 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall ensure thatguarantee the autonomy of equality bodies in the determination of appropriate safeguards are in place, in particular in their internal structure of equality bodies, to guarantee the independent exercise of their competences, notably where some require impartiality and others focus on support to victims.
Amendment 248 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall ensure that appropriate safeguards are in place in the internal structure and operation of multi- mandate bodies to guarantee the autonomouseffective exercise of the equality mandate.
Amendment 252 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that each equality body has budgetary and financial autonomy and is provided with the human, material, technical and financial resources necessary to perform all its tasks and to exercise all its competences effectively, on all the grounds and in all fields covered by Directives 2006/54/EC and 2010/41/EU including in the event of increases in competences, increases in complaints, litigation costs and the use of special expertise in developing areas with the potential for discrimination such as the use of automated systems.
Amendment 257 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States shall ensure that human, material, technical and financial resources of equality bodies are adequate and commensurate to any evolution of their mission and fields of intervention or increase in competences, especially their rights to act in court proceedings.
Amendment 265 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) adopt a strategy to raise awareness of the general population, throughout their territory, with particular attention to individuals and groups at risk of discrimination, young people, on the rights under Directives 2006/54/EC and 2010/41/EU and on the existence of equality bodies and their services;
Amendment 268 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) ensure thate conditions for equality bodies to engage in the prevention of discrimination and in the promotion of equal treatment, and guarantee independence for equality bodies in adopting a strategy defining how they will engage in public dialogue, communicate with individuals and groups at risk of discrimination, ensure an intersectional approach in combatting multiple discrimination as well as underreporting, provide training and guidance, and promote equality duties, equality mainstreaming and positive action among public and private entities.
Amendment 278 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
In doing so, Member States and equality bodies shall take into consideration the most appropriate communication tools and formats for each target group. They shall focus in particular on disadvantaged groups whose access to information can be hindered, for example by their health or socio-economic status, age, disability, literacy, nationality, residence statusmembership of a national minority, language, residence status, remote and rural geographic locations, or their lack of access to online tools.
Amendment 287 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 293 #
Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
Equality bodies shall provide assistance to victims, or their designated representatives, initially by informing them on the legal framework, including advice targeted to their specific situation, on the services offered by the equality body and related procedural aspects, as well as on available remedies, including the possibility to pursue a case in court.
Amendment 298 #
Proposal for a directive
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Equality bodies shall issue a preliminary assessment of a complaint on the basedis onf information voluntarily submitted by the parties involved. Member States shall or handed over upon request. Member States shall ensure that equality bodies define the precise modalities under which the equality body will issue such preliminary assessment, ensuring that they contribute to a simple and rapid handling of complaints.
Amendment 301 #
Proposal for a directive
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
Equality bodies shall inform the complainants of their preliminary assessment and whether it will close their complaint or whether there are grounds to pursue it further, including via the procedures laid down in Articles 7, 8, 8a and 9.
Amendment 302 #
Proposal for a directive
Article 7 – title
Article 7 – title
Amicable settlementslternative dispute resolution
Amendment 305 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Equality bodies or other existing dedicated entities shall be able to offer the parties the possibility to seek an amicabllternative resolution to their dispute. That process shall be subject to the agreement of the parties and may be led by the equality body itself or by another existing dedicated entity, in which case the equality body may formulate observations to that entity. The parties shall have the possibility to be assisted by designated representatives. Engaging in such a process shall not prevent the parties from exercising their right of access to court.
Amendment 309 #
Proposal for a directive
Article 8 – title
Article 8 – title
Amendment 311 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that equality bodies are empowered to effectively conduct inquiries where, following a complaint or on their own initiative, equality bodiesthey consider that the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU may have been breached, those bodies are empowered to further investigate the case.
Amendment 314 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
In particular, that framework shall provide equality bodies with effective rights to access information and documents which isare necessary to establish whether discrimination has occurred. It shall also provide for appropriate mechanisms for equality bodies to cooperate with relevant public bodies for that purpose such as labour inspectorates.
Amendment 318 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States mayshall also provide that the alleged perpetrator and any third party is legally bound to provide any information and documents requested by equality bodies. Equality bodies shall act with due regard towards the confidentiality of all information and documents received.
Amendment 319 #
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Equality bodies may also fully or partially entrust another competent body with the powers referred to in paragraphs 1 and 2. Where such a competent body is responsible for or collaborates with the equality body on inquiries, it shall provide the equality body, upon its request, with information on the results thereof.
Amendment 321 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Amendment 324 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Amendment 327 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 3
Article 8 – paragraph 4 – subparagraph 3
Amendment 331 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article8a Opinions and decisions 1. Member States shall ensure that equality bodies are empowered to record in writing their assessment of a case, including establishing the facts and a reasoned conclusion on the existence of discrimination. Member States shall determine whether this is to be done by means of non-binding opinions or by means of binding enforceable decisions. 2. Where appropriate, opinions and decisions shall include specific measures to remedy any breach found and to prevent further occurrences. Member States shall establish appropriate mechanisms for follow-up to opinions, such as feedback obligations, and for enforcement of decisions. 3. Equality bodies shall publish summaries of their opinions and decisions, without disclosing personal data. They shall be able to disclose personal data where such disclosure is provided for under national law.
Amendment 332 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that equality bodies have the right to act in court proceedings in administrative and civil law matters relating to the implementation of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU in accordance with paragraphs 2 to 53, without prejudice to national rules on the admissibility of actions.
Amendment 337 #
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) the right of the equality body to act as a party in proceedings on the enforcement or judicial review of a decision taken pursuant to Article 8(4)a;
Amendment 339 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) the right of the equality body to submit observations to the court as a third- party intervention such as amicus curiae;
Amendment 350 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the equality body can initiate court proceedings in its own name, in particular in order to address structural and systematic discrimination or in order to defend the public interest in cases selected by the equality body because of their abundance, their seriousness or their need for legal clarification.
Amendment 354 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 358 #
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 361 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that, in the procedures referred to in Articles 6, 7, 8, 8a and 9, the rights of defence of natural and legal persons involved are duly protected. Member States shall ensure that equality bodies guarantee confidentiality of witnesses and whistle-blowers, and as far as possible, of complainants and alleged perpetrators.
Amendment 364 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Decisions referred to in Article 8(4)a shall be subject to judicial review, in accordance with national law and practice.
Amendment 366 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall guarantee access to equality bodies’ services and publications on an equal basis for all and ensure that there are no barriers to submission of complaints or to assistance of victims.
Amendment 367 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall ensure that equality bodies provide all their services at no cost to complainants, throughout their territory, including in rural and remote areas. Member States shall ensure attention is paid to specific territorial characteristics, such as those of outermost regions and regions suffering from severe and permanent natural or demographic handicaps, such as northernmost regions with very low population density, islands, cross-border and mountain regions. Member States shall ensure that equality bodies offer tailor-made solutions to provide their services to all complainants such as mobile offices, itinerant solutions, digital tools and platforms.
Amendment 371 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure accessibility, including in accordance with Directives (EU) 2016/2102 and (EU) 2019/882, and provide reasonable accommodation for persons with disabilities to guarantee their equal access to all services and activities of equality bodies, including assistance to victims, complaint handling, amicable settlementsubmission and handling, alternative dispute resolution mechanisms, information and publications, and prevention, promotion and awareness- raising activities.
Amendment 375 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that equality bodies, without prejudice to their independence, have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies within the same Member State, with equality bodies of other Member States, including in the framework of the European Network of Equality Bodies (Equinet), and with relevant public and private entities, including civil society organisations, relevant EU agencies, social partners, labour and education inspectorates at national, regional, local level as well as in other Member States and at Union and international level.
Amendment 389 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall ensure that equality bodies can access in an accessible format statistics related to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU collected by public and private entities including public authorities, trade unionsocial partners, companies, and civil society organisations where they deem such statistics necessary to make an overall assessment of the situation regarding discrimination in the Member State, and for drawing up the report referred to in Article 15, point (c).
Amendment 391 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States shall allow equality bodies to make recommendations on which data is to be collected in relation to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU, to public and private entities including public authorities, trade unionsocial partners, companies and civil society organisations, and require feedback from the authorities concerned. Member States shall also allow equality bodies to play a coordination role in the collection of equality data.
Amendment 395 #
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Member States shall ensure that equality bodies may conduct independent surveys, reports and research concerning discrimination. They shall also ensure that equality bodies can commission such studies and reports.
Amendment 398 #
Proposal for a directive
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) publish a report, with recommendations, ensuring an intersectional approach, at least every four years, on the state of equal treatment and discrimination, including potential structural issues, in their Member State.
Amendment 408 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall, by means of an implementing act, establish a list of common indicators to measure the practical effects of this Directive. When preparing the indicators, the Commission may seek advice from the European Union Agency for Fundamental Rights and, the European Institute for Gender Equality and equality bodies, including the European Network of Equality Bodies (Equinet). Those indicators shall cover the resources, independent functioning, activities, accessibility and effectiveness of equality bodies, as well as evolutions in their mandate, powers, appointments or structure, ensuring the comparability, objectivity and reliability of the data collected at national level.
Amendment 415 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The Commission shall draw up a report on the application and practical effects of this Directive, based on the information referred to in paragraph 2 and additional relevant data collected at national and Union level, in particular from stakeholders, by the European Union Agency for Fundamental Rights and, the European Institute for Gender Equality and equality bodies, including the European Network of Equality Bodies (Equinet). The Commission shall issue recommendations as part of the European Semester framework if it identifies shortcomings in Member States' equal treatment and discrimination policies.
Amendment 418 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The implementation of this Directive shall under no circumstances constitute grounds for a reduction in the level of protection against discrimination already afforded by Member States in the matters covered by this Directives 2006/54/EC, 2010/41/EU and 2023/970/EU.
Amendment 421 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States shall ensure that when equality bodies process special categories of personal data, namely data on racial or ethnic origin, religion or belief, disability or sexual orientationreferred to in Article 9(1) of Regulation (EU) 2016/679, suitable and specific measures are provided to safeguard the fundamental rights and the interests of the data subject.
Amendment 423 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
References to the bodies for the promotion of equal treatment referred to in those Articles, as well as Article 15 of Directive (EU) 2019/1158, shall be construed as references to the equality bodies referred to in Article 2 of this Directive.