At a glance
- On 7 May 2024, the Council formally adopted two directives to strengthen the role of equality bodies across the EU.
- Equality bodies are public institutions that protect and provide assistance to victims of discrimination.
- Both directives lay down the mandate, independence, resources, tasks and powers of equality bodies.
- The main changes as regards the equality bodies' mandate and powers are that they should have the power to conduct an inquiry into whether a breach of the principle of equal treatment has occurred and to act in court in their own name in order to defend the public interest.
Background
In 2022, the Commission prepared a new legislative initiative with the objective of strengthening equality bodies by setting minimum standards for their functioning. Equality bodies are public institutions that protect and provide assistance to victims of discrimination. The EU’s equality legislation stipulates that all Member States must establish national equality bodies to deal with cases of discrimination on the grounds of sex, and racial or ethnic origin.
Following negotiations in the European Parliament and in the Council, two directives were adopted on 7 May 2024. Both directives lay down the mandate, independence, resources, tasks and powers of equality bodies to: (1) engage in the prevention of discrimination and awareness raising activities; and (2) deal with cases of discrimination and assist victims.
Scope and the equality bodies' mandate and powers
The directives are almost identical; the only difference is the applicable scope:
- Council Directive (EU) 2024/1499 on standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in matters of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and in the access to and supply of goods and services, and amending Directives 2000/43/EC and 2004/113/EC.
- Directive (EU) 2024/1500 of the European Parliament and of the Council on standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, and amending Directives 2006/54/EC and 2010/41/EU.
Directive 2024/1500 amends Directive 2006/54/EC and Directive 2010/41/EU. Those two acts address the principle of equal treatment and equal opportunities between women and men in matters of employment and occupation.
The main changes as regards the equality bodies' mandate and powers are that they:
- should have the power to conduct an inquiry into whether a breach of the principle of equal treatment laid down in the directives mentioned above has occured, and to issue a conclusion in the form of a non-binding opinion or a binding decision. To this end, they should have the right to access information and documents that are necessary to establish whether discrimination has occurred and the ability to cooperate with other public bodies;
- should have the right to act in court in their own name in order to defend the public interest, in support of the victims or to initiate court proceedings on behalf of one or several victims.
Member States will now have two years to adapt their national legislation to meet the provisions of the directives.
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