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Tuesday night 13 June 23:03: MEP Tatjana Zdanoka addresses the European Parliament with a report on the European Commission framework strategy for non-discrimination and equal opportunities for all. My interest in this debate was specifically raised because a number of issues were discussed where we, Human European Consultancy, in partnership with the Migration Policy Group, play a role in providing information to and advising the European Commission.

First of all we manage the European Network of Legal Experts in the Non-discrimination field and in this context we produce country reports on the transposition and implementation of the two anti-discrimination directives in the member states. In the Resolution on non-discrimination and equal opportunities for all, adopted the following day, the EP:

requests the Commission to examine as a matter of urgency the quality and content of the laws implementing the anti-discrimination directives, including on the basis of the reports prepared by the network of independent experts on anti-discrimination, and to bring, as a matter of urgency, an action before the Court of Justice against those Member States that have not correctly transposed them.

The need for ‘positive action’ was stressed by a number of MEPs and the resolution considers that:

in order to compensate for earlier injustices or discrimination, there may be a need for temporary recourse to positive measures based on a “proactive” concept of justice and possibly taking very different forms.

Commissioner Spidla did elaborate on this concept in his final statement and mentioned that the Commission had decided to evaluate through a work party (our Network) any cases of positive measures carried out by member states.

On another issue, expressing the need for supplementary legislation, the parliament in the resolution:

greatly regrets the fact that, notwithstanding repeated requests by the European Parliament, the Commission is not planning at this stage to draw up comprehensive legislation to combat discrimination; recalls that better legislation does not only mean eliminating unnecessary legislation, but also developing legislation in response to strong political signals from the European Parliament; insists that a new legislative tool incorporating all the grounds for discrimination set out in Article 13 of the EC Treaty and having the same scope as Directive 2000/43/EC be submitted before mid-2007.

Commissioner Spidla responded that ‘the Commission has launched an investigation of possible measures which would supplement the legal framework’. We are currently carrying out this ‘investigation’ in a Mapping study which will both inventorise existing measures in the member states for the the different grounds of discrimination beyond the field of employment and the results of impact assessment studies to measure its effects.

Some audio recordings from the debate:

Presentation of report by Tatjana Zdanoka:

Introductory statement Commissioner Spidla (interpretation tone):

Statement MEP Sophie in ‘t Veld:

Final statement Commissioner Spidla (interpretation tone):

8 minutes compilation of the debate: