Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Non-discrimination and equal opportunities: A renewed commitment {SEC(2008) 2172}
Date: 2008-07-02
Institutions: European Commission
Subjects: EC Directive, anti-discriminatory measure, application of EU law, equal treatment, proposal (EU)

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 2.7.2008 
COM(2008) 420 final 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT, THE COUNCIL,  
THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE 
AND THE COMMITTEE OF THE REGIONS 

Non-discrimination and equal opportunities: A renewed commitment 

{SEC(2008) 2172} 

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1. 

INTRODUCTION 

The  European  Union  is  founded  on  the  shared  principles  of  liberty,  democracy,  respect  for 
human  rights  and  fundamental  freedoms.  Common  to  all  our  European  societies  is  a 
fundamental recognition that every individual is of equal worth and should have fair access to 
the opportunities of life. Discrimination undermines these shared values.  

European  action  to  ensure  equality  among  individuals  has  a  long  tradition.  The  Amsterdam 
Treaty has given new powers for European action against discrimination based on sex, racial 
or  ethnic  origin,  religion  or  belief,  disability,  age  and  sexual  orientation.  Discrimination  in 
employment and occupational matters has been prohibited on all these grounds. As concerns 
racial  or  ethnic  origin  and  gender,  the  prohibition  of  discrimination  covers  a  wide  range  of 
areas beyond employment. 

Today  the  European  Union  has  one  of  the  most  advanced  non-discrimination  legal 
frameworks in the world. But while much progress has been made, many Europeans still feel 
that discrimination continues to be widespread: 15% say they experienced it personally in the 
last year, and 29% say they witnessed it1. 

In its Communication ‘A renewed social agenda: Opportunities, access and solidarity in 21st 
century Europe’2, which the present Communication accompanies, the Commission renews its 
commitment to ensuring that everyone is given an equal chance to realise their potential.  

Drawing  on  the  successful  implementation  of  the  2005  Framework  Strategy  against 
Discrimination3  and  the  2007  European  Year  of  Equal  Opportunities  for  All,  and  the 
contributions  received  from  the  European  institutions,  civil  society  and  the  social  partners, 
this  Communication  presents  a  comprehensive  approach  to  step  up  action  against 
discrimination and promote equal opportunities.  

In  particular,  this  Communication  is  accompanied  by  a  proposal  for  a  new  directive 
prohibiting  discrimination  on  grounds  of  age,  disability,  sexual  orientation  and  religion  or 
belief  outside  the  employment  sphere.  This  landmark  proposal  opens  the  way  for  the 
completion of the legal framework for Europe-wide action against all forms of discrimination 
as provided for in Article 13 TEC. 

Better legislative protection against discrimination must be accompanied by an active strategy 
to promote non-discrimination and equal opportunities. So this Communication also proposes 
actions to give new impetus to the dialogue on non-discrimination policy and to make more 
effective  use  of  the  instruments  available,  both  in  general  and  with  particular  emphasis  on 
promoting  the  social  inclusion  of  Roma,  given  the  particular  discrimination  problems  they 
face. 

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2 
3 

Special Eurobarometer Survey 296 (2008). 
COM(2008) 412 final. 
COM(2005) 224 final. 

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2. 

STRENGTHENING THE FIGHT AGAINST DISCRIMINATION 

The  fight  against  discrimination  cannot  be  won  by  legislation  alone.  First  and  foremost  it 
depends on changing attitudes and behaviour. But there can be no doubt that an effective and 
properly-enforced legal framework outlawing discrimination and ensuring that its victims can 
have effective recourse is an essential precursor for delivering real change. The Commission 
is committed to ensuring that the existing legal framework is respected, whilst proposing that 
new legislation is needed to extend the scope of legal protection to all forms of discrimination 
in all areas of life. 

2.1 

Implementing the existing legal framework 

Three Directives4 have already been adopted to give effect to Article 13 TEC, which allows 
for action to outlaw and combat discrimination based on sex, racial or ethnic origin, religion 
or  belief,  disability,  age  and  sexual  orientation.  These  Directives  prohibit  discrimination  on 
grounds of age, sexual orientation, disability and religion or belief in employment, occupation 
and  vocational  training,  whilst  protection  from  discrimination  based  on  race  and  gender 
extends  beyond  the  employment  field  to  include  social  protection  and  access  to  goods  and 
services. 

The Commission is actively engaged in ensuring the proper implementation of the Directives. 
The  overall  picture  is  positive.  National  law  transposing  the  Directives  has  had  a  tangible 
impact on combating  discrimination.  Several Member  States have  already gone further than 
the  requirements  of  EU  law  in  terms  of  providing  protection  from  discrimination.  In  20065 
and  20086  the  Commission  reported  on  the  implementation  of  the  Directives  on 
discrimination  on  the  grounds  of  racial  and  ethnic  origin  and  discrimination  in  employment 
and  occupation.  Where  the  Commission  is  not  satisfied  that  Member  States  have  properly 
respected  their  obligations,  it  has  launched  infringement  proceedings.  About  half  of  the 
Member States are concerned. The problems mainly relate to failure to cover all the persons 
and  areas  covered  by  the  Directives,  definitions  of  discrimination  that  differ  from  the 
Directives  and  inconsistencies  in  provisions  to  help  victims  of  discrimination.  The 
Commission is also currently checking whether Member States have met their obligations to 
transpose the 2004 Directive on sex discrimination in access to goods and services properly. It 
will  report  in  2010  on  implementation  and,  as  stipulated  in  the  Directive,  may  propose 
modifications where appropriate.  

But properly transposing European rules into national law is only part of the story. Member 
States  also  need  to  ensure  that  their  systems  for  redress  for  victims  and  their  awareness-
raising  activities  are  effective  on  the  ground7.  Individuals  need  to  know  their  rights  and  be 
able to use them. 

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Council Directives 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between 
persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000, p. 22), 2000/78/EC of 27 November 
2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 
2.12.2000, p. 16) and 2004/113/EC of 13 December 2004 implementing the principle of equal treatment 
between men and women in the access to and supply of goods and services (OJ L 373, 21.12.2004, p. 
37). 
COM(2006) 643 final. 
COM(2008) 225 final 
A Eurobarometer survey showed that only 33 % of Europeans know their rights, should they be victims 
of discrimination http://ec.europa.eu/employment_social/fundamental_rights/public/pubst_en.htm  

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The  national  equality  bodies  set  up  under  the  Directives  to  promote  equal  treatment  and 
combat discrimination on grounds of racial or ethnic origin or sex play an important role in 
assisting  victims  of  discrimination  by  providing  information  and  support  in  pursuing  their 
complaints. They can give guidance to service providers and other interested parties on how 
to  meet  their  obligations,  and  encourage  mediation  and  alternative  dispute  resolution.  As  a 
result, complaints can often be resolved without recourse to the courts. Through the Progress 
programme8,  the  Commission  supports  the  development  of  cooperation  between,  and 
capacity-building of, equality bodies via the Equinet network9.  

The Commission also organises regular exchanges of information with the equality bodies on 
recent legal developments and common problems in dealing with sex discrimination. On this 
basis, the Commission is examining the effectiveness of national penalties and time limits to 
bring  actions  before  national  courts.  These  are  two  fundamental  issues  for  discouraging 
discriminatory behaviour and giving victims effective legal remedies. The Commission is also 
working with these bodies to review the effectiveness of equal pay legislation in tackling the 
persistent gender pay gap. 

2.2 

Further developing the legal framework 

Despite these achievements, the fact remains that the European legal framework for tackling 
discrimination  is  not  yet  complete.  In  particular,  whilst  some  Member  States  have  taken 
action prohibiting discrimination on grounds of age, sexual orientation, disability and religion 
or  belief  outside  the  area  of  employment,  there  is  no  uniform  minimum  level  of  protection 
within the European Union for people who have suffered such discrimination.  

Yet  discrimination  on  these  grounds  is  clearly  just  as  unacceptable  outside  the  employment 
sphere as it is within it. When it comes to protection against discrimination, there can be no 
hierarchy.  That  is  why  the  Commission  announced  in  its  2008  legislative  and  work 
programme that it would propose new initiatives to complete the legal framework, building on 
the  results  of  an  extensive  public  consultation  process.  This  commitment  also  responded  to 
the  Council's  calls  to  the  Commission  to  examine  any  gaps  that  may  exist  in  the  current 
Community  anti-discrimination  legislative  framework,  and  the  European  Parliament's 
repeated requests for the framework to be extended. 

The  proposal  for  a  Directive,  which  accompanies  this  Communication,  opens  the  way  to 
completing  the  European  legal  framework  on  anti-discrimination.  The  Directive  will  ensure 
that in all 27 Member States all forms of discrimination, including harassment, on the grounds 
of  age,  sexual  orientation,  disability  and  religion  or  belief  are  prohibited  and  victims  have 
effective  redress.  Once  adopted,  the  Directive  will  complete  the  process  of  giving  effect  to 
Article  13  TEC  on  all  grounds  and  will  bring  to  an  end  any  perception  of  a  hierarchy  of 
protection.  

This  ambitious  objective  implies  a  response  which  is  wide-ranging  in  terms  of  scope  but 
realistic and reflecting the specific characteristics of the areas concerned. National traditions 
and approaches in areas such as healthcare, social protection and education tend to be more 
diverse than in employment-related areas. These areas are characterised by legitimate societal 
choices in areas which fall within national competence.  

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Decision No 1672/2006/EC of 24 October 2006, OJ L 315, 15.11.2006, p. 1. 
European Network of Equality Bodies http://www.equineteurope.org. 

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The diversity of European societies is one of Europe's strengths, and is to be respected in line 
with  the  principle  of  subsidiarity.  Issues  such  as  the  organisation  and  content  of  education, 
recognition  of  marital  or  family  status,  adoption,  reproductive  rights  and  other  similar 
questions are best decided at national level. The draft Directive does not therefore require any 
Member State to amend its present laws and practices in relation to these issues. Nor does it 
affect  national  rules  governing  churches  and  other  religious  organisations  and  their 
relationship  with  the  state.  So,  for  example,  it  will  remain  for  Member  States  alone  to  take 
decisions  on  questions  such  as  whether  to  allow  selective  admission  to  schools,  whether  to 
recognise same-sex marriages, and the nature of any relationship between organised religion 
and the state.  

The  various  grounds  of  discrimination  differ  substantively,  and  each  demands  a  tailored 
response. This is not a question of creating a hierarchy between the various grounds, but of 
delivering the most appropriate form of protection for each of them.  

As  concerns  age,  there  are  situations  where  treating  someone  differently  simply  because  of 
their  age  can  be  justified  in  the  general  public  interest.  Examples  include  minimum  age 
requirements for access to education or to certain goods and services, preferential tariffs for 
certain  age  groups  using  public  transport  or  visiting  museums.  Furthermore,  where  insurers 
and banks use age as an actuarial factor to assess the risk profile of customers, this does not 
necessarily amount to discrimination, though this factor should only be used where relevant 
and where based on objective evidence. Similar considerations apply in relation to disability. 
The Commission intends to initiate a dialogue with financial service providers, together with 
other relevant stakeholders, in order to exchange and encourage best practice.  

Disability  also  requires  a  specific  and  tailored  response.  Many  Member  States  already  have 
legislation  providing  for  protection  of  people  with  disabilities,  but  there  are  significant 
differences  concerning  the  type  of  protection  ensured  and  the  fields  covered.  Moreover,  the 
adoption of the United Nations Convention on the Rights of Persons with Disabilities, which 
has been jointly signed by the European Community and its Member States, calls for common 
standards of implementation in national law of the rights that it provides.  

Real  equality  for  persons  with  disabilities  cannot  be  delivered  simply  through  prohibiting 
discrimination.  Instead,  it  depends  on  positive  actions,  including  responding  the  needs  of 
persons  with  disabilities.  Lack  of  accessibility  is  being  increasingly  recognised  as 
inadmissible in European societies. Empowering people with disabilities to actively contribute 
has real economic and social benefits. As was the case for the 2000 Directive in the area of 
employment,  measures to accommodate their needs should be reasonable – proportionate to 
the needs of the customer or user and in terms of costs for the body or business concerned. 
Member States will continue to be able to provide education for persons with disabilities in 
either mainstream or specialised facilities. 

The future Directive will be applied in very diverse situations across the European Union. It is 
therefore appropriate to leave a margin of flexibility to the Member States. For example, rules 
which seem neutral but which could in practice have a disadvantageous impact upon a group 
might  be  permissible  if  they  are  reasonable  and  pursue  a  justifiable  aim.  In  monitoring  the 
application  of  the  Directive,  the  Commission  will  pay  particular  attention  to  the  use  of  this 
possibility. 

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The  draft  Directive  applies  to  the  provision  of  all  goods  and  services.  It  would  be 
disproportionate to submit individuals acting purely privately to all the obligations of the draft 
Directive.  The  proposal  therefore  draws  on  practice  in  several  Member  States  and  includes 
provisions limiting its application to the commercial provision of goods and services. Private 
individuals are covered only in so far as they are performing their commercial activity. 

In terms of key concepts and mechanisms, the proposed Directive adopts the same successful 
model used in the existing Directives. The Directive therefore reflects the current legislation 
as concerns the definitions of direct and indirect discrimination, harassment and instructions 
to discriminate. Provisions on the role of equality bodies and the obligation for Member States 
to provide for proper redress against discrimination before the national courts are the same as 
those in the current legislation. These concepts and mechanisms are therefore already familiar 
to  public  and  private  organisations  in  the  Member  States,  which  should  make  the  new 
instrument  easier  to  transpose  and  apply.  At  the  same  time,  by  complementing  the  existing 
Directives,  the  proposed  approach  avoids  reopening  discussion  and  creating  uncertainty  as 
concerns  the  existing  acquis.  The  Commission  believes  that  this  proposal  offers  a  balanced 
and realistic way forward to complete the European anti-discrimination framework and calls 
on  the  Council  and  the  European  Parliament  to  take  forward  discussions  as  a  matter  of 
priority. 

3. 

STRENGTHENING  POLICY  TOOLS  FOR  ACTIVE  PROMOTION  OF 
EQUAL OPPORTUNITIES 

Advancing non-discrimination and equal opportunities for all grounds relies both on a sound 
legislative  basis  and  on  a  range  of  policy  tools.  These  include  awareness-raising, 
mainstreaming, data collection and positive action. The Council Resolution on the follow-up 
to  the  2007  European  Year  underlined  the  importance  of  taking  full  account  of  and  further 
developing these policy tools. 

3.1 

Stronger policy tools 

Non-discrimination mainstreaming 

Mainstreaming  principles  should  apply  across  all  grounds  covered  by  Article  13  EC  if  the 
inequality and discrimination suffered by all groups are to be reduced. Two of the grounds are 
already the subject of specific EU policies comprising a well-developed set of mainstreaming 
actions. First, the EU’s disability strategy is based on the Disability Action Plan for 2003-10, 
and  more  specifically  the  European  Action  Plan  2008-0910.  Implementation  by  the 
Community  and  the  Member  States  of  the  UN  Convention  on  the  Rights  of  Persons  with 
Disabilities will provide the basis for closer cooperation in this area. Second, the Roadmap for 
equality  between  women  and  men  for  2006-1011  provides  the  framework  for  action  in  the 
gender equality field. Special attention will be given to mainstreaming the gender perspective 
in the activities proposed.  

The Commission will build on these achievements by promoting the systematic incorporation 
of  non-discrimination  and  equal  opportunity  concerns  on  all  Article  13  grounds  into  all 
policies,  in  particular  within  existing  coordination  mechanisms  for  employment,  social 

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COM(2007) 738 final. 
COM(2006) 92 final. 

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inclusion,  education  and  training.  For  its  part,  the  Commission  will  step  up  screening  of 
impacts  regarding  non-discrimination  and  equal  opportunity  issues  of  new  Commission 
proposals, and will encourage NGOs with experience of particular non-discrimination strands 
to participate in consultations. 

It  urges  Member  States  to  utilise  the  various  mainstreaming  tools,  good  practice  and 
methodologies already available at Community and national level12. Equal opportunities, non-
discrimination  considerations  and  accessibility  requirements  will  be  covered  in  the  planned 
guide on socially responsible public procurement in order to raise awareness in the Member 
States  of  how  to  promote  non-discrimination  and  equal  opportunities  through  procurement 
policy and practice.  

The  Commission  will  also  continue  to  promote  the  values  of  non-discrimination  and  equal 
opportunities  in  other  policies,  such  as  the  rights  of  the  child13  and  enlargement,  and  more 
generally in the EU’s external relations, including at multilateral level. Special attention will 
be paid to the rights of persons belonging to minorities in non-member countries.  

Measuring discrimination and evaluating progress 

Accurate data is essential for assessing the scale and nature of discrimination suffered and for 
designing,  adapting,  monitoring  and  evaluating  policies.  There  is  considerable  demand  for 
data  on  all  grounds  of  discrimination.  Available  data  vary  considerably  by  ground  and  by 
Member State14, which makes comparability of data difficult if not impossible. 

Legislation  on  privacy  and  data  protection  lay  down  criteria  for  collecting  and  processing 
data15. Broadly speaking, the European public are willing to provide personal information 
anonymously in censuses with a view to combating discrimination16. The Commission is 
exploring  the  possibilities  of:  (i)  collecting  statistics  regularly  on  the  scale  and  impact  of 
discrimination  in  conjunction  with  the  Member  States’  statistical  authorities  under  the 
Community  Statistical  Programme,  in  particular  on  grounds  of  racial  and  ethnic  origin, 
religion/belief and sexual orientation, where there is still a lack of information, and (ii) setting 
up an EU-survey module on discrimination. It is also working closely with Equinet to develop 
a system for gathering information on complaints handled by national equality bodies. 

Positive action  

Identical treatment may result in formal equality, but cannot suffice to bring about equality in 
practice.  EU  non-discrimination  legislation  does  not  prevent  any  Member  State  from 
maintaining or adopting specific measures to prevent, or compensate for, disadvantages linked 
to discrimination on grounds where there is provision for protection.  

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Non-discrimination  mainstreaming:  instruments,  case  studies  and  the  way  forwards,  European 
Commission, April 2007  
Communication Towards an EU Strategy on the Rights of the Child (COM(2006) 367 final). 
See Conceptual Framework Study Report, European Commission, January 2008: 
http://ec.europa.eu/employment_social/fundamental_rights/pdf/pubst/stud/measprog08_en.pdf. 
See Measuring discrimination: Data collection and EU equality law, European network of legal experts 
in the non-discrimination field, February 2007:  
http://ec.europa.eu/employment_social/fundamental_rights/pdf/legnet/07measdis_en.pdf. 
75% of Europeans are ready to state their racial background, 74% their religion and 65% their sexual 
orientation: see Special Eurobarometer 263, January 2007. 

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There is a rapidly growing appreciation of the role positive action can play to redress the lack 
of  substantive  equality  in  societies17.  Some  Member  States18  have  introduced  provisions 
making  it  a  duty  for  public  authorities  to  promote  equality  as  a  core  objective  of  all  their 
activities. The Commission will use the permanent dialogue with Member States to promote 
the full utilisation of the possibilities for positive action, in particular in access to education, 
employment, housing and health care. 

Awareness-raising and training activities 

Information on existing legislation is a precondition for real use to be made of it by potential 
victims and for awareness of duties among employers, service-providers and administrations. 
But  as  noted  earlier,  awareness  of  non-discrimination  legislation  remains  low19.  If  further 
progress  is  to  be  achieved,  the  biggest  changes  —  and  those  hardest  to  achieve  —  involve 
fighting  stereotypes  and  prejudice  in  all  its  forms.  The  EU  information  campaign  ‘For 
Diversity  —  Against  Discrimination’  will  be  pursued  in  close  cooperation  with  national 
working groups bringing together representatives of civil society, government officials, social 
partners and other stakeholders. The Commission will also provide further support for training 
activities  on  existing  legislation  and  targeting  key  stakeholders,  including  equality  bodies, 
judges, lawyers, NGOs and social partners. 

Promoting the benefits of diversity at the workplace 

Recognising that legislation is more effective when it goes hand in hand with progressive and 
innovative  strategies  implemented  by  employers  to  manage  an  increasingly  diverse 
workforce,  the  Commission20  and  Member  States21  support  the  development  of  diversity 
management, in both larger companies and SMEs22. 

The  Council  has  called  on  the  Member  States  and  the  Commission  to  promote  workforce 
diversity further and to foster the development of suitable business tools, including voluntary 
charters23.  In  response,  with  the  support  of  business  and  employers’  organisations,  the 
Commission  will  encourage  voluntary  EU-wide  initiatives.  It  also  promotes  cooperation 
between business, business schools and universities on possibilities for closer cooperation in 
research  and  training  on  diversity-related  topics.  Furthermore,  it  will  promote  diversity  and 
improved diversity management in public administrations at EU and national level24. 

3.2 

Developing the dialogue on non-discrimination and equal opportunities 

In 2007 the European Year of Equal Opportunities for All opened new avenues for promoting 
non-discrimination and equal opportunities by involving all actors in cross-ground dialogue at 

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Beyond Formal Equality: Positive Action under Directives 2000/43/EC and 2000/78/EC, European 
Commission, October 2007: 
http://ec.europa.eu/employment_social/fundamental_rights/pdf/legnet/bfe07_en.pdf. 
UK and Finland. 
Special Eurobarometer 263 / TNS Opinion and Social 
The  Business  Case  for  Diversity  –  Good  practices  in  the  workplace,  European  Commission,  2005: 
http://ec.europa.eu/employment_social/fundamental_rights/pdf/events/busicase_en.pdf.  
France, Belgium (Brussels-Capital Region) and Germany. 
Diversity  at  work:  8  steps  for  small  and  medium-sized  businesses,  European  Commission,  2007: 
http://ec.europa.eu/employment_social/fundamental_rights/pdf/pubst/broch/8steps07_en.pdf.  
Council Resolution 2007/C 308/01 of 5 December 2007. 
For  example,  by  launching  a  mapping  study  on public  employers'  practices  in  fighting discrimination 
and promoting diversity. 

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EU  and  national  level.  Member  States  and  civil  society  have  acknowledged  the  value  of 
putting  this  dialogue  on  a  more  permanent  footing.  Such  exchanges  will  be  based  on  the 
annual equality summits, which bring together stakeholders at the highest level to take stock 
and give impetus and direction.  

The Commission has set up a non-discrimination governmental expert group25 to examine the 
impact of national and EU-level non-discrimination measures, validate good practice through 
peer  learning  and  develop  benchmarks  to  evaluate  the  effectiveness  of  non-discrimination 
policies.  For  example,  the  Commission  intends  to  work  with  this  group  to  follow  up  the 
findings  of  the  comparative  study  on  homophobia  and  discrimination  on  grounds  of  sexual 
orientation in the EU carried out by the European Agency for Fundamental Rights. The group 
will meet regularly with civil society, the social partners and Equinet. The Community could 
use the Progress programme to support the identification of innovative practice through this 
process. The Commission will report to the equality summits on the results of this work. 

The  Commission  intends  to  use  these  new  governance  mechanisms  to  address  the  issue  of 
multiple discrimination building on established practice in some Member States providing for 
a single legal procedure for victims of such discrimination to submit complaints and treating 
evidence that discrimination has occurred on more than one ground as an aggravating factor. 
The Commission will raise awareness of multiple discrimination through financing activities 
and providing funding for smaller networks of NGOs representing intersectional groups. 

3.3 Applying better tools to advancing the social inclusion of the Roma 

While boosting the fight against discrimination through both legislative and policy tools will 
benefit all potential stakeholder groups, it remains important to address particular concerns of 
specific  groups.  The  situation  of  the  Roma  is  of  particular  concern  at  the  present  time 
characterised by persisting individual and institutional discrimination and far-reaching social 
exclusion.  The  marginalisation  of  millions  of  people  is  unacceptable  above  all  from  the 
perspective of equality and effective enjoyment of human rights. It is indefensible too from 
the  perspective  of  social  cohesion.  Last  but  not  least,  the  widespread  unemployment  and 
poverty of such a large group of people is a waste in economic terms. Addressing this urgent 
problem is a joint responsibility of the European Union and Member States. 

The Commission has repeatedly condemned all manifestations of anti-Gypsyism as a specific 
form  of  racism  that  is  incompatible  with  the  EU’s  principles.  The  application  of  EU 
discrimination  legislation  in  the  Member  States  is  the  fundamental  starting  point  for  Roma 
inclusion.  The  Commission  will  remain  vigilant  in  this  area  and  will  step  up  its  work  with 
national  equality  bodies  to  improve  their  capacity  to  tackle  cases  of  discrimination  against 
Roma. The Commission will continue to support capacity-building among Roma civil society 
and to promote their involvement at all levels of policy development and implementation.  

The situation of Roma has been acknowledged by the European Council, which called on the 
Commission in December 2007 ‘to examine existing policies and instruments and to report to 
the Council on progress achieved.’ The accompanying Staff Working Paper responds to that 
request. It demonstrates that there is a powerful framework of legislative, financial and policy 
coordination tools available and that these are increasingly used, but that more can be done to 
make them work more effectively.  

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C(2008)3261. 

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The  impact  on  the  ground  of  these  tools  depends  however  on  the  commitment  of  Member 
States  and  the  capacity  of  all  actors  involved  to  use  them  in  full.  The  June  2008  European 
Council asked the Council to treat this as a matter of urgency. The Commission will use all 
the means at its disposal to support this process looking forward to a clear commitment from 
the European Council at the end of the French Presidency.  

In  order  to  support  and  promote  a  joint  commitment  by  the  Member  States,  the  EU 
institutions  and  civil  society,  the  Commission  will  organise  an  EU  Roma  Summit  of  all 
stakeholders  in  September  2008  in  the  context  of  the  European  Year  of  Inter-Cultural 
Dialogue;  the  conclusions  of  the  Summit  will  be  submitted  to  the  French  Presidency  for 
further  consideration  in  the  Council  of  Ministers  ahead  of  the  December  2008  European 
Council.  In  addition,  building  on  the  extensive  research  already  accomplished,  the 
Commission  will  undertake  a  comprehensive  study  of  existing  policies  and  institutional 
mechanisms  and  their  links  with  programmes  and  projects  targeting  Roma  people  with  the 
aim  of  identifying  successful  transferable  practices  to  make  better  use  of  Community  and 
national instruments. 

4. 

CONCLUSION 

The  Commission  is  strongly  committed  to  fighting  all  forms  of  discrimination  under 
Article 13 EC  and  will  continue  to  monitor  the  transposition  of  the  existing  Directives 
carefully.  In  order  to  complete  the  EU  legal  framework,  it  is  presenting  a  proposal  for  a 
directive prohibiting discrimination on grounds of age, disability, sexual orientation, religion 
or  belief  outside  the  employment  sphere.  The  Commission  calls  on  the  Council  and  the 
Parliament to take forward discussions on the proposal as a matter of priority. 

Successful  legal  protection  of  individual  rights  must  go  hand  in  hand  with  the  active 
promotion  of  non-discrimination  and  equal  opportunities.  The  Commission  is  committed  to 
achieving further progress at EU and national level in key areas, such as awareness-raising, 
non-discrimination  mainstreaming,  positive  action  and  data  collection.  More  robust 
governance of non-discrimination policy should facilitate the exchange of good practice, peer 
learning  and  benchmarking  between  the  Member  States  and  encourage  the  development  of 
new approaches for example to address multiple discrimination. 

The  Commission,  in  cooperation  with  civil  society  and  the  social  partners,  will  monitor  the 
implementation of the initiatives set out in this Communication. It will evaluate progress and 
the impact of specific activities. 

EN 

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   EN