Commission launches proceedings for non-implementation of anti-discrimination Directives

The European Commission announced in July 2004 that it is taking legal action against six EU Member States for failing to transpose the framework equal treatment Directive, and against five Member States for failing to transpose the race discrimination Directive. Both of these Directives should have been implemented by Member States in 2003.

The European Commission announced on 19 July 2004 that it is to begin infringement proceedings against six EU Member States (Austria, Belgium, Germany, Finland, Greece and Luxembourg) for failing to transpose the 2000 Directive establishing a general framework for equal treatment in employment and occupation (2000/78/EC) (EU0102295F). The deadline for transposing this Directive - which prohibits discrimination on the grounds of: religion or belief, disability, age and sexual orientation - into national legislation was 2 December 2003 (TN0402102S). The Commission also announced that it will begin infringement proceedings against five EU Member States (Austria, Germany, Finland, Greece and Luxembourg) for failing to transpose the Directive implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (2000/43/EC) (EU0006256F). The deadline for transposing this Directive was 19 July 2003.

In general, the Commission stresses that in many Member States, the implementation of these two Directives has provided 'the impetus for very positive developments, which have often gone beyond the Directives’ minimum requirements, both deepening and widening the scope of protection'. However, it also maintains that the countries cited above have failed to pass all the necessary national measures to introduce, amend or update their equality legislation: 'In some cases, no legislation has been passed or communicated to the Commission, in others, gaps in the legislation have left the transposition incomplete'.

The infringement proceedings take the form of a 'reasoned opinion' from the Commission to the Member State in question. The Member State then has two months in which to reply to this. If the reply is not satisfactory, the Commission may refer the case to the European Court of Justice.

In the case of the Member States that have notified to the Commission that they have adopted legislation transposing the two Directives, the Commission is now examining the relevant national legislation to ensure that it is fully compliant.