30 Amendments of Maria WALSH related to 2022/0400(COD)
Amendment 95 #
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 still has failed to adopt a horizontal Equal Treatment Directive; _________________ 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 98 #
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 free of charge, 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. This Directive is without prejudice to the competences of labour inspectorates, other enforcement bodies or the social partners, keeping in mind that their existence should not however prevent equality body from performing their tasks in line with their competences
Amendment 101 #
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. Member States are expected to implement the Directive on Pay Transparency without any delay. _________________ 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 104 #
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 intersectional 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, with the acknowledgement that persons can often be discriminated against on multiple grounds.
Amendment 108 #
Proposal for a directive
Recital 18
Recital 18
(18) The lack of appropriate financial and human 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. In cases where the competences of equality bodies have been increased, Member States must ensure that their budgets are adjusted accordingly. 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 expanded.
Amendment 112 #
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 tobe equipped with expert, 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 and training on the use of automated systems, be it directly or by way of subcontracting.
Amendment 114 #
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 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 be in charge of defining the modalities under which the equality body would issue this assessment, such as the timeframe of the process or procedural safeguards against repetitive or abusive complaints.
Amendment 116 #
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 through the establishment of local offices or the establishment of accessible digital tools and platforms. 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 understands. 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 119 #
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 amicable resolution to their disputes, by the equality body or another existing dedicated entity. They should define the modalities of the amicable settlement process according to national law. Engaging in a conciliation and mediation process should be subject to the agreement of the parties and should not prevent a party from exercising the right of access to court where that party does not accept the decision of the conciliation and mediation board.
Amendment 124 #
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 established even in the absence of an identified victim. It is therefore important that equality bodies can act and initiate court proceedings in their own name, to defend the public interest. where discrimination has been detected, without the presence of an individual that has been identified as a victim. It is also important that they can act in cases where collective redress is used. _________________ 71 Judgment of 10 July 2008 in Feryn (C- 54/07, ECLI:EU:C:2008:397).
Amendment 129 #
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 each Member States to provide information in all of its official languages when requested and to provide key information in English in order 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 economic status, their disability, their literacy or their lack of access to online tools. _________________ 72 FRA EU-MIDIS II Survey.
Amendment 130 #
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, including through the provision of digital platforms or tools. 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 offices, including mobile ones, the organisation of local campaigns or cooperation with local delegates or civil society organisations. Special attention should be paid to ensure access for disadvantaged groups.
Amendment 133 #
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 public and private entities at local, regional, national, Union and international level, such as social partners, civil society organisations, data protection authorities, trade unions, 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). Furthermore, any involvement of equality bodies in workplace-related matters should respect the autonomy, competences and prerogatives of social partners and the recognised competences of all relevant government agencies, including labour inspectorates, national courts and statutory tribunals, in accordance with national law and practice. Their existence should not however prevent equality bodies from performing their tasks in line with their competences.
Amendment 134 #
Proposal for a directive
Recital 39
Recital 39
(39) Equality bodies cannot fully play their role as experts in equal treatment if they are not consulted sufficiently early during the policymaking process on matters related to rights and obligations derived from Directives 2006/54/EC and 2010/41/EU. Therefore, Member States should establish transparent procedures to ensure that consultation in a timely manner. They should also allow equality bodies to make and publish recommendations and publish themshould be able to demand that authorities and officials respond within a reasonable time.
Amendment 136 #
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 up an application report based on the appropriate data collected by Member States and all relevant stakeholders. 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 137 #
Proposal for a directive
Recital 44
Recital 44
(44) This Directive lays down minimum requirements, thus giving the Member States the option of and therefore Member States are encouraged to introducinge or maintaining more favourable provisions. The implementation of this Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State.
Amendment 140 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Member States shall designate and provide the necessary resources for one or more bodies (hereinafter referred to as ‘equality bodies’) to exercise the competences laid down in this Directive.
Amendment 162 #
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, 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. Member States shall ensure that equality bodies’ budgets cover unexpected costs, such as costs linked to litigation. Member States shall ensure that their resources and budget are adjusted appropriately, if the competences of equality bodies are increased.
Amendment 177 #
1. Member States shall ensure that equality bodies are able to provide assistance to victims as set out in paragraphs 2 to 4free of charge to victims.
Amendment 189 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that wherequality bodies are equipped to effectively investigate, following a complaint or on their own initiative, equality bodies 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 192 #
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 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 for that purpose, such as labour inspectorates or other enforcement bodies, and oblige those public bodies to cooperate with equality bodies for that purpose.
Amendment 197 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Member States shall ensure that equality bodies record in writing their assessment of the case, includinga case. As part of their written assessment, equality bodies shall establishing the facts andof the case and provide a reasoned conclusion on the existence ofas to whether discrimination has occurred. Member States shall determine whether this is to be done, in consultation with other entities, such as social partners, whether the equality bodies are to assess cases by means of non-binding opinions or by means of binding enforceable decisions. Member States shall ensure that such decisions can be appealed to a judicial or administrative authority in accordance with national law and practice.
Amendment 216 #
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 and 9, the rights of defence of natural and legal persons involved are duly protected. Member States shall ensure that equality bodies put in place internal whistle-blower protections, guarantee confidentiality of witnesses and whistle-blowers, and as far as possible, of complainants.
Amendment 218 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
This Directive is without prejudice to the competences of labour inspectorates or other enforcement bodies, keeping in mind that the existence of these bodies shall not usurp the role of a functioning equality body.
Amendment 222 #
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 disabilitiesfor persons with disabilities and those belonging to other groups at risk of discrimination, to guarantee their equal access to all services and activities of equality bodies, including assistance to victims, complaint handling, amicable settlement mechanisms, information and publications, and prevention, promotion and awareness- raising activities.
Amendment 225 #
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, including civil society organisations, at national, regional, local level as well as in other Member States and at Union and international level. Member States shall ensure that equality bodies equally cooperate with the European Institute for Gender Equality, the European Union Agency for Fundamental Rights and the European Network of Equality Bodies (Equinet).
Amendment 230 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall ensure that equality bodies can accessare provided 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 unions, companies, and civil society organisations, in an accessible format, 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 239 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. By [53 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 241 #
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. The Commission shall evaluate, based on the information it has received, the situation of discrimination in each Member State and publish a comprehensive report of their performances.
Amendment 243 #
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. The Commission shall issue follow-up recommendations where it notes, as part of its monitoring of anti- discrimination actions in the Member States, concerning developments in a Member State.