Debate: Combating discrimination in the EU - the long-awaited horizontal anti-discrimination directive
Date: WEDNESDAY, 15 MARCH 2023
Speaker: Juan Fernando López Aguilar
Country: Germany
Language: EN

On good reason, on good grounds, the European Commission published a proposal for a directive on equal treatment of persons irrespective of religion, belief, disability, age or sexual orientation, the so-called horizontal anti—discrimination directive, in the summer 2008. So it is going to be soon 15 years now. It was 15 years ago. This European Parliament adopted its position 14 years ago. That’s been a long time throughout which the European law has happened to change substantially. The Lisbon Treaty entered into force, along with the Charter of Fundamental Rights, and the legislative procedure has moved from consultation on this matter to consent, which takes a positive vote of this European Parliament. But, however, this long time has not allowed the Council so far to reach its agreement on the matter and allow that European Commission initiative to finally become effective law, enforceable law, which was the whole point of it. And that’s why we cared so much about it. It is not only a question of legislative procedure stuck in discussions, never—ending discussions, not seeming to find any sort of conclusive way out of its tunnel. We are also witnessing here an incapacity of the whole European decision—making, a law—making process to bring an EU answer to sort out a major political issue, which is discrimination on the rise all over the place in the Member States and across the European Union. Those 15 years, our social fabric have not overcome the debate on the discrimination. On the contrary, it is been always on the rise against categories, entire categories of people. Of course, women, women’s rights, we’ve talked about them today, just today, recalling that women’s rights matter in every society and, of course, in the European Union. But it also goes to disabled people, LGBTIQ minorities, Roma, Jewish communities, phobias all around the place. So highlighting the importance of not only having enforceable law, respecting the case law of the European Court of Justice in every Member State and across the European Union, that is a purpose today, with the two oral questions we are submitting to the attention of this European Parliament, focusing on avenues for action at EU level to unlock this legislative work for good. That is why the European Parliament, which has not received so far any position on the Council on the matter, and that’s not a chance to actually fulfil its role as co-legislator with the Council on this relevant matter, has this mandate of the European Parliament getting started 2019 appointed a new rapporteur on the file, our colleague Alice Kuhnke, and along with the shadow rapporteurs on the file, we are just waiting and waiting for a resolution which is to be adopted next plenary session here in Strasbourg. The next session we are adopting a resolution sending a message. So it is more than enough. It is more than time for the European Union to act here. The Parliament has resolved to come up with two questions. First, to the Commission: does it intend to unlock the adoption of the anti-discrimination directive and finally adopt a legal framework for citizens, respecting their rights against all forms of discrimination, that has been awaiting for all too long? And the same question goes for sure to the Council, to the Swedish Presidency. We are not talking here about procedures from consultation to consent. We are talking about full responsibility, 15 years of our inability to conclude this most relevant file really matters. Actually, some Member States have taken initiative following the lead of the European initiative, though inconclusive so far, have brought about legislation, anti—discriminatory legislation and horizontal anti—discrimination legislation in some Member States, including mine, Spain. We are waiting for the European Union legal framework. So that is why we are expecting to hear the response from both the Commission and the Council on this most relevant pending file for nothing less than 15 years now.