Opinion of the Committee of the Regions on the Green Paper on equality and non-discrimination in an enlarged European Union
Date: 2004-11-18
Institutions: European Committee of the Regions
Subjects: anti-discriminatory measure, enlargement of the Union, equal treatment

C 71/62

EN

Official Journal of the European Union

22.3.2005

Opinion of the Committee of the Regions on the Green Paper on equality and non-discrimination
in an enlarged European Union

(2005/C 71/15)

THE COMMITTEE OF THE REGIONS,

Having regard to the Green Paper on equality and non-discrimination in an enlarged European Union
COM(2004) 379 final,

Having regard to the decision of its Bureau of 1 July 2003 to instruct its Commission for Economic and
Social Policy to draw up an opinion on this subject, under the fifth paragraph of Article 265 of the Treaty
establishing the European Community,

Having regard to its opinion on equal treatment (CdR 513/99 fin) (1),

Having regard to its opinion on implementing the principle of equal treatment between men and women
in the access to and supply of goods and services (CdR 19/2004 fin) (2)

Having regard to its draft opinion (CdR 241/2004 rev 1) adopted on 4 October 2004 by the Commission
for Economic and Social Policy (rapporteur: Cllr Peter Moore, Sheffield City Council (UK/ELDR)),

adopted the following opinion unanimously at its 57th plenary session of 17 and 18 November
2004 (meeting of 18 November).

1. Comments

THE COMMITTEE OF THE REGIONS

(I) Meeting the Challenge of Enlargement

1.1 welcomes the view of the Commission that enlarge-
ment should be used as an incentive for all member states to
step up their efforts to address the challenges faced by minori-
ties, and its recognition that this relates in particular to the
Roma;

1.2
agrees that the rights based approach with respect to
areas such as disability, age and sexual orientation as reflected
in EU anti-discrimination policy,
still a relatively new
concept both for public authorities and NGOs in some of the
member states;

is

1.3
regrets that in the absence of an amendment to Article
13 of the EC Treaty, the adoption of Community legislation in
this area continues to require unanimous agreement.

(II) Implementing Non-Discrimination in Law and Practice

tency of the law in this regard. The CoR also reminds the
Commission that a more comprehensive EU policy framework
remains to be completed with respect to disability, age, sexual
orientation, religion and belief. For example, the CoR recog-
nises that people with disabilities often face discrimination in
the form of inaccessible public transport, built environment
and an inaccessible info/communications environment. The
Commission has not published any communications specifically
and exclusively on sexual orientation issues in EU law and
policy, yet this is clearly covered by Article 13 of the Treaty;

1.5
considers that insufficient institutional support for indi-
vidual litigants, where individual litigation remains the primary
mechanism for enforcement, severely curtails the effectiveness
of the law. Individuals experience difficulties in evidence-gath-
ering,
safeguards against victimisation, and
substantial financial difficulties in meeting the costs of litiga-
tion;

in insufficient

deplores the emergence of a hierarchy of protection
1.4
between different groups covered by Article 13. Disparities
remain in both material scope as well as enforcement mechan-
isms
types of discrimination - an effective
approach to anti-discrimination requires greater equality in the
level of protection available and an enhancement in the consis-

for different

(1) OJ C 226 du 8.8.2000, p. 1
(2) OJ C 121 du 30.4.2004, p. 25

1.6
believes that whilst ‘soft legislation’ and non-legislative
actions can have an impact (measures such as memoranda,
resolutions, declarations, etc.) these tend to be more effective
when they build on pre-existing and binding Community law.
An example would be the limited success of the Commission's
guidelines on the employment of disabled people (when not
reinforced by Community law) in terms of national legal devel-
opments.

22.3.2005

EN

Official Journal of the European Union

C 71/63

(III) Improving Data Collection, Monitoring and Analysis

outside the EU, regardless of the nationality of the holder of
these qualifications;

1.7
considers that systematic collection of data and infor-
mation will provide the EU with a better overview of the loca-
tion and occurrence of discrimination, better formulation of
strategies and methods to improve the comparability, objec-
tivity, consistency and reliability of data at Community level, a
better gauge of the impact of policy and funding, and increased
cooperation with the national university research centres,
NGOs and specialist advocacy groups/centres. Local and
regional authorities already play a key role in ongoing data
collection and information analysis.

(IV) Making Full Use of EU Funding

1.8
their
notes that despite the impact and scope of
projects, smaller NGOs and grass-roots organisations are some-
times unable to access EU funding, largely due to excessively
complex bureaucracy; believes that small
local and regional
ones are finding it almost impossible to continue their work
without funding.

1.13
deplores inaccurate and stereotypical portrayals of
various Article 13 groups which have led to the ongoing
erosion of dignity and public perceptions of certain groups in
public life, political rhetoric, media and advertising. This under-
mines the principle of equal treatment;

1.14 welcomes the Directive 2003/109/EC adopted in
January 2004 which granted Third country nationals who have
been legally resident in member states for 5 years the legal
status comparable to that of citizens of member states in order
to complement the Racial Equality Directive. However in order
to address the issue of accession to Nationality or Citizenship
or voting rights the directive needs to be better elucidated.

2. Recommendations

THE COMMITTEE OF THE REGIONS

(V) Reinforcing Co-operation with Stakeholders

(I) Meeting the Challenge of Enlargement

local and regional authorities, with respect

1.9 welcomes the recognition in the Green Paper of the
key role of
to
equality and non-discrimination in an enlarged European
local and regional authorities
Union; as leading employers,
should in carrying out
functions, consider positive
their
action in having due regard to: a) the need to eliminate discri-
mination under the directives; b) the need to eliminate harass-
ment that is unlawful; and, c) the need to promote equality of
opportunity between persons from Article 13 groups and other
people.

calls for specific funding allocations and specific strands

2.1
of the Action Plan to be targeted towards Roma projects;

2.2
calls for greater discussions, debates and education
forums among all member states on the issue of social citizen-
ship, discrimination, and fundamental human and social rights,
and the establishment of consultation and monitoring processes
at national
level for action to combat discrimination on all
grounds covered in Article 13.

(VI) Ensuring Complementarity with Other Areas of EU Policy

(II) Implementing Non-Discrimination in Law and Practice

1.10
considers that the incorporation of the Charter of
Fundamental Rights will highlight areas of discrimination not
covered by the existing legislation;

1.11
questions whether mainstreaming has been sufficiently
addressed in certain policy areas, and whether certain law and
policy initiatives themselves are consistent with the logic of
anti-discrimination legislation and actions being taken under
the auspices of Article 13;

2.3
recalling its earlier decision, instructs the current Secre-
tary General to evaluate the personnel policy and employee
profile of the General Secretariat with regard to its compliance
with the new legislation, and to report back both to the Bureau
and this commission within six months; to commission and
publish a vademecum of anti-discrimination good practice for
local authorities as employers, including examples from each
Member State of initiatives covering all six grounds for discri-
mination recognised by Article 13 EC;

notes that although mutual recognition of qualifica-
1.12
tions acquired in the EU has been enhanced, there is no agree-
ment regarding the qualifications obtained by third country
nationals in the EU, or qualifications obtained in countries

2.4
calls for comprehensive legislation on goods and
services to be extended to all areas covered in Article 13; speci-
fically, calls for greater protection to be provided against discri-
mination on grounds of age, disability, gender, religion or
belief, and sexual orientation;

C 71/64

EN

Official Journal of the European Union

22.3.2005

2.5
calls on the Commission to work with Member States
to provide for adequate, effective, proportionate and dissuasive
sanctions and procedures against breaches of the obligations
under the Directives, and to accelerate the transposition of
these into national law;

calls for greater institutional support

2.6
for individuals
seeking legal redress for all Article 13 groups; organisations
with a legitimate interest should be able to bring enforcement
actions on behalf of, or in support of, individual complainants,
with that individual's approval; where presumption of discrimi-
nation is established (i.e. facts from which it may be presumed
that there has been direct or indirect discrimination), burden of
proof should always shift to the respondent; any adverse treat-
ment or consequence as a reaction to a complaint should be
prohibited.

setting, planning, communication and implementation of this
agenda should be further promoted with all stakeholders;

requests that the CoR should be invited as a matter of
2.10
course to EU conferences and seminars dealing with equality
and non-discrimination and particularly in the issues of discri-
mination against the Roma;

2.11
civil society during the process of implementation;

calls for greater consultation with representatives from

2.12
calls on all EU institutions to better reflect the letter
and spirit of the anti-discrimination directives via: a) compre-
hensive equalities policies, in terms of recruitment, employment
and services; (b), the political members and organs of the EU
bodies should be balanced in terms of the Article 13 groups.

(III) Improving Data Collection, Monitoring and Analysis

(VI) Ensuring Complementarity with Other Areas of EU Policy

calls for increased cooperation with Member States and
to improve monitoring and reporting

2.7
national authorities
mechanisms.

(IV) Making Full Use of EU Funding

2.8
calls on the Commission, in collaboration with Euro-
pean level EU- funded NGOs, to seek creative methods of
allowing small NGOs to access smaller levels of funding.

(V) Reinforcing Cooperation with Stakeholders

2.9
commits the CoR to the development of the EU anti-
discrimination agenda and considers that its involvement in the

2.13
calls on the Commission to indicate how it intends to
integrate groups covered by the Charter of Fundamental Rights
into the existing Directives on non-discrimination, given that
they will be incorporated into the new Treaty;

2.14
recommends that for mainstreaming equality there
must be mechanisms to ensure that equality issues and princi-
ples are given due regard in the formulation, administration
and evaluation of all policies;

2.15
recommends that the Commission work closely with
the CoR to help local and regional authorities draw up equal-
ities action plans and submit reports on actions taken to the
relevant equality bodies in the member states.

Brussels, 18 November 2004.

The President

of the Committee of the Regions

Peter STRAUB