84 Amendments of Kira Marie PETER-HANSEN related to 2022/0400(COD)
Amendment 78 #
Proposal for a directive
Recital 1
Recital 1
(1) The Treaties and the Charter of Fundamental Rights of the European Union recognise the right to equality and the right to non-discrimination as essential values of the Union57 , and the Union has already adopted several Directives on the prohibition of discrimination, but it still has to adopt a horizontal Directive outside the field of employment and occupation covering all protected grounds. _________________ 57 Articles 2 and 3 of the Treaty on European Union (‘TEU’), Articles 8 and 10 of the Treaty on the Functioning of the European Union (‘TFEU’), and Articles 21, 23 and 26 of the Charter.
Amendment 79 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The Court of Justice has held that the scope of the principle of equal treatment for men and women cannot be confined to the prohibition of discrimination based on the fact that a person is of one or other sex. In view of its purpose and the nature of the rights which it seeks to safeguard, it also applies to discrimination arising from the gender identity, gender expression, or sex characteristics of a person.
Amendment 89 #
Proposal for a directive
Recital 6
Recital 6
(6) Directives 2006/54/EC and 2010/41/EU require Member States to designate one or more bodies for the promotion of equal treatment, including the analysis, monitoring and support of equal treatment of all persons without discrimination on the grounds covered by the respective Directives (hereinafter ‘equality bodies’). They require Member States to ensure that the competences of these bodies include providing independent assistance to victims, conducting independent surveys concerning discrimination, publishing independent reports and making recommendations on any issue relating to such discrimination. They also require Member States to ensure that the tasks of these bodies include the exchange of information with corresponding European bodies, such as the European Institute for Gender Equality and the European Agency for Fundamental Rights.
Amendment 94 #
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, resulting in unequal protection of victims of discrimination across the EU and an inadequate implementation of the EU’s equal treatment legislation. In view to ensure a holistic, effective and comprehensive protection against discrimination, Member States should promote, encourage and fund equality bodies to cover all grounds of discrimination in accordance with the open-ended clause of Article 21 of the Charter.
Amendment 98 #
Proposal for a directive
Recital 12
Recital 12
(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 Directives. In a number of Member States, as a good practice and following the broad interpretation by the CJEU of the ground of ‘sex’, equality bodies also have competence for promoting equality and tackling discrimination on the grounds of gender identity and expression and sex characteristics1a. However, that is not the case in all Member States, which leads to differing levels of protection against discrimination as regards the matters covered by those Directives across the Union. _________________ 1a https://www.rainbow-europe.org/#1/0/0
Amendment 104 #
Proposal for a directive
Recital 14
Recital 14
(14) The proposed Directive 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 higher 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 105 #
(15) In promoting equal treatment, preventing discrimination and assisting victims of discrimination, equality bodies should pay particular attention to intersectional discrimination based on the combination of 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, as well as in the Charter, acknowledging that discrimination often affects persons on more than one ground, and this creates specific disadvantage. Incorporating an intersectional approach is key to understanding social inequalities, exclusion and discrimination from a comprehensive, systemic or structural perspective, while overcoming a single- axis approach to discrimination, which downplays its institutional and historical dimensions. Equality bodies should ensure a clear and appropriate focus on each of the grounds covered and on the intersections between them.
Amendment 115 #
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 ensure the independence of equality bodies. Equality bodies should not be set up as part of a ministry or body taking instructions directly from the government. Any staff member or person holding a managerial position – for example as member of a board managing the equality body, head of the equality body, deputy or in case of interim – should be independent, qualified for their position, and selected through a transparent process. Equality bodies should be able to decide their internal structure and how to manage their own budget and resources, including by selecting and managing their own staff, and be able to set their own priorities.
Amendment 119 #
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 that the internal structure of equality bodiesthey should determine their structure in 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 125 #
Proposal for a directive
Recital 18
Recital 18
(18) The lack of appropriate resources is a key issue hampering the ability of equality bodies to adequately fulfil their tasks. Therefore, Member States should ensure that equality bodies receive sufficient funding, can hire qualified staff and have appropriate premises and infrastructure to carry out each of their tasks effectively, within reasonable time and within the deadlines established by national law. Their budgetary allocation should be stable, except in case of increase in competences, planned on a multi-annual basis, and allow them to cover costs that may be difficult to anticipate such as costs linked to litigation. To ensure that equality bodies are provided with sufficient resources, their budget should for instance not be any arbitrary or disproportionate reduction in the budget of the equality bodies not suffer cuts that are significantly higher than the average cuts to other public entities; similarly, and 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 expanded.
Amendment 130 #
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 riskcan lead to algorithmic discrimination which risks perpetuating and exacerbating existing inequalities, discrimination, exclusion and poverty. Equality bodies should therefore have access tobe equipped with qualified staff or services, able to usenderstand how automated systems for their work on the one hand and towork and can lead to algorithmic discrimination, 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, be it directly or by way of subcontractingand provide solutions aiming to address algorithmic discrimination, prevent its potential consequences on individuals and provide support to victims of this form of discrimination. Particular attention should be devoted to equipping equality bodies with appropriate digital resources, be it directly or by way of subcontracting. Equality bodies should also ensure that automated systems comply with accessibility requirements for persons with disabilities in accordance with Annex I of Directive (EU) 2019/882.
Amendment 136 #
Proposal for a directive
Recital 20
Recital 20
(20) Equality bodies, alongside other actors, such as social partners and civil society organisations, 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, 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. They should communicate with public and private entities and groups at risks of discrimination 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. Equality bodies should also raise awareness about intersectional discrimination and the importance to apply an intersectional approach when designing policies, programmes, funds and activities.
Amendment 144 #
Proposal for a directive
Recital 21
Recital 21
(21) Beyond prevention, a central task of equality bodies is to provide comprehensive support and assistance to victims of discrimination. This support and assistance should, alwayss minimum, include the provision of key information to complainants and a preliminary assessment of their complaint, bas, including legal advice, advice targeted to the specific needs onf the initialvictims, and information gathered from the parties on a voluntary basis. Member States should be in charge of defining the modalitconcerning procedural aspects, including remedies uander which the equality body would issue this assessment, such as the timeframe of the process or procedural safeguards against repetitive or abusive complaints how to bring a case to the court.
Amendment 150 #
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. Member States should also pay due regard to Commission Recommendation 2018/951 uander which make sure that submission of complaints should be possible in a language ofthat the complainant's choosing which is common in the Member State where the equality body is locate can understand. 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. _________________ 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 155 #
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 access the necessary information to establishdetermine the existence of discrimination and cooperate with the relevant public services – such as labour inspectorates or education inspectorates. Member States should establish an appropriate framework for the exercise of this competence, in accordance with national rules and procedures.
Amendment 156 #
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. BothIt is up to the equality bodies to decide whether they should issue non-binding opinions or binding enforceable decisions. Both options and decisions should state the reasons for the assessment and include, where necessary, measures to remedy any breach found and to prevent further occurrences. Binding enforceable decisions can include sanctions. 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 160 #
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, including a summary of those, without disclosing personal data.
Amendment 163 #
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 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 89 of Directive 2000/43/EC, Article 10 of Directive 2000/78/EC and Article 9 of Directive 2004/113/EC. Their support will therefore facilitate access to justice for victims.
Amendment 166 #
Proposal for a directive
Recital 30
Recital 30
(30) Some instances of discrimination are difficult to fight because there is no complainant pursuing the case themselves. In its judgment in Case C-54/07 (Feryn)71 , which was brought by an equality body in its own name, the Court of Justice confirmed that discrimination can be establishedoccur even in the absence of an identified victim, for instance in cases of structural or institutional discrimination. It is therefore important that equality bodies can act in their own name, to defend the public interest. _________________ 71 Judgment of 10 July 2008 in Feryn (C- 54/07, ECLI:EU:C:2008:397).
Amendment 181 #
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 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 and regional offices, including mobile ones, the organisation of local campaigns or cooperation with local delegates or civil society organisations.
Amendment 187 #
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 andWhere different equality bodies exist, their competences and powers should be adjusted accordingly and coordination should be ensured to address overlaps, enable joint action and optimise the use of resources Equality bodies should cooperate, as well, with other equality bodies in other Member States – including in the framework of the European Network of Equality Bodies (Equinet) – and with public and private entities at local, regional, national, Union and international level, such as civil society organisations, data protection authorities, trade unions, social partners, labour and education inspectorates, law enforcement bodies, agencies with responsibility at national level for the defence of human rights, 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 194 #
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 data on their own activities or conduct surveys and should be able to access 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 unions 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 and it should be made available in an accessible format so that it can be readily used by equality bodies. The work of equality bodies on equality data should take into account existing guidance and resources on equality data, including those developed in the framework of the Subgroup on Equality Data of the EU High Level Group on Non-discrimination, Equality and Diversity. _________________ 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 199 #
Proposal for a directive
Recital 41
Recital 41
(41) In addition to publishing antheir annual report on their activities, equality bodies should regularly publish a reporalso conduct featuring an overall assessment of the situation regarding discrimination falling under their mandate in the Member States. That report should provide information and recommendations for public and private entities and serve as a guide to determine the equality bodies’ priorities for the future. Reports should not contain any personal data.
Amendment 200 #
Proposal for a directive
Recital 42
Recital 42
(42) To determine their vision for the future and identify their organisation's goals and objectives, equality bodies should adopt a multi-annual programme. This should allow them to ensure the coherence of their different strands of work over time and address structural or systemic issues of discrimination falling under their mandate as part of a long-term action plan. The competence and powers attached to all mandates in such institutions should be harmonised and adjusted accordingly so that each mandate should as far as possible enjoy the broadest competences and powers.
Amendment 202 #
Proposal for a directive
Recital 43
Recital 43
(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 updraw up an application report every three years based on information received from Member States and application reportdditional relevant data collected at national and Union level, from equality bodies, other stakeholders, by the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. 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, implementingdelegated powers should be conferred on the Commission to establish a list of relevant indicators, on the basis of which data should be collected. The report should contain a specific assessment to evaluate the independent functioning of equality bodies and it should be possible to submit complaints of interferences to the European Commission. This monitoring should not involve the processing of personal data.
Amendment 212 #
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 both de jure and de facto independence in order to strengthen the application of the principle of equal treatment as derived from Directives 2006/54/EC and 2010/41/EU.
Amendment 220 #
Proposal for a directive
Article 2 – title
Article 2 – title
Designation and structure of equality bodies
Amendment 221 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Equality bodies can cover single or multiple grounds. In the case of a multi- ground equality body, it is necessary to ensure a clear and appropriate focus on each of the grounds. The competence and powers attached to all mandates in such institution shall be harmonised and adjusted so that each mandate shall as far as possible enjoy the broadest competences and powers;
Amendment 223 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Equality bodies shall ensure gender parity in leadership and senior management positions and are encouraged to reflect the diversity of society at large.
Amendment 225 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article2a Definitions 1. For the purposes of this Directive, the following definitions apply: Structural and systemic discrimination refers to rules, norms, routines, patterns of attitudes and behaviour in institutions and other societal structures that, consciously or unconsciously, present obstacles to groups or individuals in accessing the same rights and opportunities as others and that contribute to less favourable outcomes for them than for the majority of the population; Intersectional discrimination refers to the situation where discrimination takes place on the basis of two or more grounds protected by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC, 2004/113/EC, 2006/54/EC and 2010/41/EU, which operate and interact with each other at the same time in such a way as to be inseparable, producing distinct and specific forms of discrimination
Amendment 228 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall take measures to ensure that equality bodies are fully independent, autonomous and free from external influence in performing their tasks, deciding on their objectives, actions and exercising their competences, in particular as regards their legal structure, accountability, budget, staffing, and organisational matters.
Amendment 232 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States shall ensure that equality bodies are not set up within a ministry, a government body or a body taking instructions from the government in order to preserve their nature as independent bodies.
Amendment 237 #
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 and board members of equality bodies, in particular persons holding a managerial position and ensure transparent, competency-based and participatory procedures without any external influence, in order to guarantee their competence and independence.
Amendment 242 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall ensure that appropriate safeguards are in place, in particular in the 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, while allowing for cooperation and coordination among mandates and shared staff in view of promoting coherence and efficiency.
Amendment 249 #
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. Equality Bodies shall have the right to make public statements and produce and publish research, recommendations and reports without prior permission from, approval or notification to government or any institution or external party
Amendment 253 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that each equality body is provided with the human, technical and financial resources necessary to perform all its tasks and to exercise all its competences effectively and with real impact, 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 automated systems.
Amendment 256 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States shall ensure that in the event of increases in competences, increases in complaints, litigation costs and qualified staff, services and digital resources needed for the use of automated systems, equality bodies are equipped with a necessary increase in their budget. There may not be any arbitrary or disproportionate reduction in the budget of the equality bodies.
Amendment 264 #
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, on the rights under Directives 2006/54/EC and 2010/41/EU and on the existencethe capacity to exercise them and on the existence and competences of equality bodies and their services;
Amendment 267 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) ensure that equality bodies engage in the prevention of discrimination and in the promotion of equal treatment, and adopt a strategy defining how they will engage in public dialogue, communicate with individuals and groups at risk of discrimination, provide training and guidance, and promote equality duties, equality mainstreaming and positive action among public and private entities.
Amendment 273 #
Proposal for a directive
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
Amendment 274 #
Proposal for a directive
Article 5 – paragraph 1 – point b b (new)
Article 5 – paragraph 1 – point b b (new)
(bb) ensure that equality bodies are able to provide information, advice, training, support and guidance to individuals, and institutions in the public and private sector on good practices for promoting and achieving equality and preventing discrimination.
Amendment 275 #
Proposal for a directive
Article 5 – paragraph 1 – point b c (new)
Article 5 – paragraph 1 – point b c (new)
(bc) ensure that equality bodies are able to promote and support the implementation of equality duties, equality mainstreaming and positive action among public and private entities.
Amendment 276 #
Proposal for a directive
Article 5 – paragraph 1 – point b d (new)
Article 5 – paragraph 1 – point b d (new)
(bd) ensure that equality bodies are able to carry out research on discrimination, including structural or systemic discrimination, as well as online discrimination, including biases and algorithmic discrimination.
Amendment 282 #
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 economic status, age, disability, literacy, nationality, residence status or their lack of access to online tools.
Amendment 284 #
Proposal for a directive
Article 6 – title
Article 6 – title
Amendment 286 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that equality bodies are able to provide support and assistance to victims as set out in paragraphs 2 to 4in accordance with this Directive.
Amendment 291 #
Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
Equality bodies shall provide support and assistance to victims, initially by informing them on the legal framework, includingcluding legal advice and information about the legal framework, particularly to issue a complaint, advice targeted to their specific situation and needs of the victims, 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 295 #
Proposal for a directive
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
Equality bodies shall also inform victims about the confidentiality rules applicable, on the protection of personal data and on the possibilities to obtain psychological or other types of relevant support from other bodies or organisations.
Amendment 297 #
Proposal for a directive
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 300 #
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, and its reasons, or whether there are grounds to pursue it further, including via the procedures laid down in Articles 7, 8 and 9.
Amendment 303 #
Proposal for a directive
Article 7 – title
Article 7 – title
Amicable settlementslternative Dispute Resolution
Amendment 307 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article7a Investigations 1. Member States shall ensure that equality bodies are empowered to effectively investigate, following a complain or on their own initiative, whether a breach of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU has occurred and seek to address both individual, institutional and structural discrimination. 2. Member States shall provide for a framework which enables equality bodies to carry out fact-finding. In particular, that framework shall provide equality bodies with effective and obligatory rights to access information which is necessary to establish whether discrimination has occurred. It shall also provide for appropriate mechanisms for equality bodies to cooperate with relevant public bodies such as labour and education inspectorates, for that purpose. 3. Member States shall ensure that equality bodies are provided with powers to obtain evidence and relevant information, including from alleged perpetrators for the purpose of the investigation.
Amendment 308 #
Proposal for a directive
Article 8 – title
Article 8 – title
Amendment 310 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 312 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Amendment 313 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 316 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 323 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Member States shall ensure that equality bodies are empowered to record in writing their assessment of the case, including establishing the facts and providing a reasoned conclusion on the existence of discrimination. Member Statas to whether discrimination has occurred. Equality bodies shall determine whether this is to be done by means of non-binding opinions or by means of binding enforceable decisions.
Amendment 326 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Where appropriate, opinions andnon-binding opinions and enforceable decisions shall include specific measures to remedy any breach found and to prevent further occurrences. Member States shall ensure that equality bodies are able to establish appropriate mechanisms for follow-up to opinions, such as feedback obligations, and for enforcement of decisions.
Amendment 329 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 3 a (new)
Article 8 – paragraph 4 – subparagraph 3 a (new)
Member States shall ensure that national law provides for a right to appeal before the courts against legally binding final decisions issued by the equality body.
Amendment 335 #
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. The right to act in court proceedings shall at least include:
Amendment 336 #
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)7, 8;
Amendment 342 #
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) the right of the equality body to initiate or participate in proceedings on behalf or in support of one or several victims; in this case, the approval of the victims shall be necessaryrough collective redress, with the latter’s notification.
Amendment 344 #
Proposal for a directive
Article 9 – paragraph 2 – point c a (new)
Article 9 – paragraph 2 – point c a (new)
(ca) the right to recourse to conciliation procedures where appropriate.
Amendment 346 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Member States shall ensure that equality bodies have the right to monitor the execution of decisions of institutions, adjudicatory bodies and courts dealing with equality, discrimination and intolerance.
Amendment 347 #
Proposal for a directive
Article 9 – paragraph 2 b (new)
Article 9 – paragraph 2 b (new)
2b. Member States shall ensure that there is a system by which victims do not have to bear court and administrative fees or representation fees, in particular in cases of structural or, institutional discrimination.
Amendment 351 #
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 in cases selected by the equality body because of their abundance, their seriousness or their need for legal clarificationdirectly following the use of investigation powers pursuant to Article 7a, without the need to issue an opinion or a decision prior to initiating proceedings.
Amendment 352 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 360 #
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 362 #
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, 7a, 8 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.
Amendment 368 #
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 with the establishment of local and regional offices, including in rural and remote areas.
Amendment 369 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure accessibility and provide reasonable accommodation for persons with disabilities to guarantee their equal access to all services and, activities of equality bodand information of equality bodies in formats accessible for people with disabilities, including assistance to victims, complaint handling, amicable settlement mechanisms, information and publications, and prevention, promotion and awareness- raising activities according to Directive (EU) 2016/2102.
Amendment 378 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that equality bodies have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies within the same Member State, and with relevant public and private entities, includingsocial partners and civil society organisations, at national, regional, local level as well as in other within the same Member States and including at Unregional and internationlocal level.
Amendment 380 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
Amendment 383 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
Member States shall ensure that national equality bodies have the necessary means to provide feedback to Equinet to allow its consultation on legislation, policy, procedures and programmes at Union level.
Amendment 394 #
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Member States shall ensure that equality bodies may conduct independent surveys concerningor commission externally independent surveys, reports and research concerning discrimination including intersectional, structural, or systemic discrimination.
Amendment 397 #
Proposal for a directive
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
Amendment 400 #
Proposal for a directive
Article 15 – paragraph 1 – point c a (new)
Article 15 – paragraph 1 – point c a (new)
(ca) engage in a sustainable dialogue with the government and other authorities who shall take into account the equality bodies' recommendations on legislation, policies, procedures, programs and practice, and take action where necessary.
Amendment 407 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall, by means of an implementing delegated 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. Those indicators shall cover the resources, and the European Network of Equality Bodies (Equinet).. Those indicators shall cover the adequacy of resources (both economic and in staff), key elements of the independent functioning, activities, and effectiveness of equality bodies, as well as evolutions in their mandate, powers or structure, ensuring the comparability, objectivity and reliability of the data collected at national level.
Amendment 410 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. By [5 years after the date of transposition], and every 53 years thereafter, Member States shall provide the Commission with all relevant information regarding the application of this Directive, including data on its practical effects collected on the basis of the indicators referred to in paragraph 1 of this Article, and in particular taking into account the reports drawn up by the equality bodies under Article 14, points (b) and (c).
Amendment 412 #
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 Equality Bodies , the European Network of Equality Bodies (Equinet) civil society organizations, stakeholders, by the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. The report shall contain a specific assessment to evaluate the independent functioning of equality bodies. Complaints on any interference may be submitted to the European Commission who shall add them to the report and shall further investigate the allegations.
Amendment 419 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that equality bodies may collect and process personal data only where necessary for the fulfilment of athe task under this Directive and where the data collection and processing is in full compliance with Regulation (EU) 2016/679.
Amendment 420 #
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 within the meaning of Regulation (EU) 2016/679, namely data on racial or ethnic origin, religion or belief, disability or sexual orientation,, sexual orientation, sex life, health, biometric or genetic data, it shall be carried out in full compliance with Article 9 of Regulation (EU) 2016/679, and that suitable and specific measures are provided to safeguard the fundamental rights and the interests of the data subject in accordance with Article 9(2)(g) of Regulation (EU) 2016/679.
Amendment 424 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [182 months] at the latest. They shall immediately inform the Commission thereof.