Debate: Combating discrimination in the EU - the long-awaited horizontal anti-discrimination directive
Date: WEDNESDAY, 15 MARCH 2023
Speaker: Helena Dalli
Language: EN

The proposed directive aims to fill an important gap in the EU’s non-discrimination legislation by extending protection against discrimination on the basis of religion or belief, disability, age or sexual orientation to the fields of social protection, education and access to goods and services, including housing. Under Article 19 of the Treaty on the Functioning of the European Union, the proposal requires unanimity in order to be adopted in the Council. As you are well aware, it has therefore been blocked in the Council since the very beginning. The Commission thanks the previous Presidencies of the Council of the EU in charge of the file that have, time and again, relaunched work in the Council to make progress on this file. In particular, we welcome that certain progress could be achieved under the Portuguese and more recently under the Czech Presidencies. We also welcome the support of the Swedish Presidency, which would allow us to make progress in case such an opportunity arises. Throughout the Council negotiations, the Commission has always actively supported the Council Presidencies and the Member States in finding possible ways to advance the file. This includes concrete support in  technical and legal questions, and we will continue to offer our support in the future. Let me recall that, overall, the Commission is engaged in achieving a Union of Equality. As Commissioner for Equality, I have been entrusted by President von der Leyen with strengthening Europe’s commitment to inclusion and equality and with actively raising awareness and promoting equality across the Union. In order to mainstream equality in all policy areas, we have been putting in place mechanisms, policies and actions that challenge structural discrimination and stereotypes that are often present in our societies. The Anti-racism Action Plan, the Gender Equality Strategy, the EU Roma Strategic Framework for Equality, The Strategy for the Rights of Persons with Disabilities and the LGBTIQ Equality Strategy have all been put forward during the mandate of this Commission, with the aim to build a Union of Equality. They all stress the importance of preventing and tackling discrimination, enforcing EU law and principles in this field, and improving data collection. In December, the European Commission proposed legislative initiatives on binding standards for equality bodies to strengthen the role, independence and resources of these bodies. We also want to provide equality bodies with strong powers to effectively assist victims of discrimination and to help enforce anti-discrimination rules on the grounds of age, religion or belief, disability and sexual orientation in employment. Finally, as the guardian of the Treaties, the Commission makes sure that, when implementing EU law and EU—funded projects, the principle of non—discrimination is fully respected. Coming back to the proposal for an equal treatment directive, its adoption lies in the hands of the 27 Member States and the Council. When it comes to concrete options to unblock the negotiations in the Council, the Commission has explored several, including enhanced cooperation and the general bridging clause – the so-called passerelle clause in Article 48 of the Treaty on European Union. However, none of none of these alternative solutions appear to be a realistic option. Previous discussions in Council have also confirmed this. Article 19 of the Treaty on the Functioning of the European Union remains the sole possible legal base to achieve the aim of prohibiting discrimination on the various grounds in the four fields mentioned in the Commission’s proposal across the Union. Still, we must not give up in the face of the obviously challenging situation. We owe it to all those citizens who are discriminated against in the fields of social protection, education and access to goods and services. I reiterate the Commission’s commitment to support the Council negotiations in every way possible. I also call on all Member States for their support. This fight is key to achieving a union of equality, and it requires political will, determination and a constructive spirit.