Changes from plenary report to adopted text

RemovedRecital 7: (7) Directive 2000/43/EC60 of the Council and Directive 2004/113/EC61 of the European Parliament and the Council also provide for the designation of equality bodies for the promotion, analysis, monitoring and support of equal treatment of all persons, without discrimination on grounds of sex, race or ethnic origin.

RemovedRecital 9: (9) Directives 2006/54/EC and 2010/41/EU leave a wide margin of discretion to Member States as regards the structure and functioning of equality bodies. This results in significant differences between the equality bodies established in the Member States, in terms of the bodies' mandates, competences, structures, resources and operational functioning. This, in turn, means that protection against discrimination differs from one Member State to another, resulting in unequal protection for persons who have experienced discrimination across the Union and the inadequate implementation of the legal acts of Union concerning equal treatment. In order to ensure holistic, effective and comprehensive protection against discrimination, Member States should promote and fund equality bodies to cover all grounds of discrimination covered by Article 21 of the Charter. Levels of discrimination remain high, awareness among persons who have experienced discrimination of their rights remains low and underreporting is still a considerable problem. Public awareness about and knowledge of discrimination remain limited and a lack of sufficient powers and resources hampers equality bodies’ ability to assist persons who have experienced discrimination effectively or to prevent and address the development of discrimination, such as discrimination based on gender identity or health or socio-economic status.

RemovedRecital 10: (10) To ensure that equality bodies can effectively contribute to the enforcement of Directives 2006/54/EC and 2010/41/EU by promoting equal treatment, preventing discrimination and offering assistance to all individuals, such as young people, families in all their diversity, and all groups that are discriminated against to access justice across the Union, it is necessary to adopt binding minimum standards for the functioning of those bodies. The new standards should draw on the lessons learnt through the application of Commission Recommendation 2018/95163, building on some of its provisions and laying down new rules where necessary. They should also draw from other relevant instruments, such as the General Policy Recommendation N°264 on equality bodies adopted by the European Commission against Racism and Intolerance (ECRI) and the Paris Principles65 adopted by the United Nations and applicable to national human rights institutions.

RemovedRecital 12: (12) This Directive should apply to equality bodies’ action as regards the matters covered by Directives 2006/54/EC and 2010/41/EU. The standards should concern the functioning and the competences of equality bodies. In order to ensure the application of the principle of equal opportunities and equal treatment of men and women, equality bodies address grounds of discrimination such as gender, gender identity and gender expression and take due account of the combination of such grounds with the grounds listed in Article 21 of the Charter, such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Equality bodies should therefore adopt an inclusive approach in countering multiple and intersectional discrimination as well.

RemovedRecital 14: (14) Directive (EU) 2023/970 of the European Parliament and of the Council69 should be considered lex specialis to the enforcement provisions of Directive 2006/54/EC that will be replaced by this Directive. Higher minimum standards established by the Directive (EU) 2023/970 for equality bodies in matters relating to equal pay for the same work or work of equal value, including in pay transparency, as compared to those set out in this Directive, should prevail over those set out in this Directive. Member States are expected to transpose Directive (EU) 2023/970 without any delay, including by establishing good practices and codes of conduct in matters relating to equal pay for the same work or work of equal value based on that Directive. / 69 Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms (OJ L 132, 17.5.2023, p. 21).

RemovedRecital 15: (15) In promoting equal treatment, preventing discrimination and assisting persons who have experienced discrimination, equality bodies should pay particular attention to multiple and intersectional discrimination based on several of the grounds protected by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC, 2004/113/EC, 2006/54/EC and 2010/41/EU, acknowledging that discrimination often affects persons on more than one ground and creates a specific disadvantage. In implementing this Directive, Member States should take into account provisions relating to intersectional discrimination set out in the Directive (EU) 2023/970 in order to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms.

RemovedRecital 16: (16) Equality bodies can only effectively play their role if they are able to act with complete independence without being subject to any external influence, such as religious, political or financial influence. For that purpose, Member States should take into account a number of criteria that ensure the independence of equality bodies. Equality bodies should not be set up as part of a ministry or body taking or seeking instructions directly from the government or working to achieve governmental objectives. Any permanent or temporary staff member or person holding a managerial position – for example as member of a board managing the equality body or the head or deputy head of the equality body – should be independent, qualified for their position, and selected through a transparent, participatory and competence-based process. The primary safeguard for securing independent leadership of equality bodies is to select the people for leadership positions by means of a transparent and competency-based process with safeguards to prevent any influence by the executive in any stage of the selection process, in particular during the nomination, pre-selection or selection phase of candidates and during the decision-making phase. The transparency of such processes should be ensured by, for example, publishing vacancy notices publicly and consulting, during the staff selection process, experts working with groups exposed to discrimination. Equality bodies should be able to decide their int…

RemovedRecital 17: (17) To ensure that equality bodies can exercise all their competences and fulfil all their tasks, Member States should ensure that the internal structure of equality bodies allows the independent exercise of their various competences. Particular attention should be paid to situations where bodies are required both to be impartial and to offer support to persons who have experienced discrimination. This is particularly relevant where the equality body holds binding decision-making powers requiring impartiality or is part of a multi-mandate body where another mandate requires impartiality. An internal structure ensuring a strict separation between the relevant competences and tasks should guarantee that the equality body can effectively exercise them.

RemovedRecital 18: (18) The lack of adequate and stable human, material, technical and financial resources is a key issue hampering the ability of equality bodies to fulfil their tasks effectively. Therefore, Member States should ensure that equality bodies receive adequate funding, can hire the necessary number of qualified staff and have appropriate premises and infrastructure to carry out each of their tasks effectively, within reasonable time and within the deadlines established by national law. Equality bodies should be independent in the management of their finances in accordance with the principle of budgetary and financial autonomy. Their budgetary allocation should be stable and planned on a multi-annual basis. Where there is an increase in the competences of equality bodies, Member States should ensure that their resources and budget are adjusted accordingly. Member States should ensure that equality bodies’ budgets allow them to cover costs that may be difficult to anticipate such as costs linked to litigation. To ensure that equality bodies are provided with adequate and stable resources, their annual growth should at least be pegged to the average growth in funding to other entities and should take into account national inflation rates. Resources should increase proportionally if equality bodies’ tasks and mandate are expanded, and they should be sufficient to enable equality bodies to collect data, conduct research and carry out their tasks relating to promotion and awareness-rais…

RemovedRecital 19: (19) Automated systems, including artificial intelligence, represent a useful tool to identify discrimination patterns, but might also lead to algorithmic discrimination, which risks replicating and exacerbating existing inequalities and discrimination and contributing to exclusion and poverty. Equality bodies should therefore have access to qualified staff or services, able to use automated systems for their work on the one hand and to assess them as regards their compliance with non-discrimination rules by addressing algorithmic discrimination, preventing its potential consequences on individuals and providing support to persons who have experienced this form of discrimination. Particular attention should be devoted to equipping equality bodies with appropriate digital resources and training and expertise, be it directly or by way of subcontracting. Automated systems are to comply with the accessibility requirements for persons with disabilities set out in Annex I to Directive (EU) 2019/882 of the European Parliament and of the Council1a. / 1a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).

RemovedRecital 20: (20) Equality bodies, alongside other actors and, in particular, the social partners and civil society organisations have a key role to play in the prevention of discrimination and the promotion of equality. To address the structural aspects of discrimination and to contribute to social change, equality bodies should be empowered to carry out activities to prevent discrimination and to promote equal treatment. They should promote equality duties, good practices, positive action and equality mainstreaming among public and private entities, and provide them with relevant training, information, advice, guidance and support. They should communicate with, and provide information to, public and private entities, in particular labour inspectorates, the social partners, civil society organisations and groups at risks of discrimination in order to ensure an intersectional approach and to combat underreporting. They should also engage in public debate in order to combat stereotypes and raise awareness about diversity and its benefits, a key pillar of the Union’s equality strategies.

RemovedRecital 20 a (new): (20a) To ensure that equality bodies actively consider the objective of equality between women and men, in all their diversity, when implementing provisions in the areas referred to in this Directive, Member States should actively promote gender mainstreaming and gender budgeting, as internationally recognised tools to reach gender equality.

RemovedRecital 21: (21) Beyond prevention, a central task of equality bodies is to provide assistance free of charge to persons who have experienced discrimination and their mandated trade union representatives. This assistance should at least include the provision to complainants of legal advice, of advice targeted to their specific needs and of key information, such as information concerning procedural aspects, including the procedures for bringing a case before the courts and other available remedies. That assistance should also include the provision to the complainant of a first consultation on their case. Equality bodies should be able to establish the arrangements of such initial consultations. This Directive does not prevent persons who have experienced discrimination from being supported and represented by persons, bodies or organisations with expertise related to the discrimination they have experienced throughout the process in which they receive assistance from the equality bodies. For the purposes of this Directive, a person who has experienced discrimination is to be understood as a person who might have been subjected to discrimination, regardless of that person’s potential legal status as a victim of discrimination.

RemovedRecital 22: (22) To ensure that all persons who have experienced discrimination are able to complain, it should be possible to submit complaints in various ways, including orally, in writing and by digital means. Member States should also pay due regard to Commission Recommendation 2018/951 under which submission of complaints should be possible in a language of the complainant's choosing which is common in the Member State where the equality body is located, with the assistance of an interpreter if needed. Similarly, assistance in submitting complaints in accessible formats for persons with disabilities should also be ensured. To address one of the causes of underreporting, namely, fear of reprisals, and without prejudice to Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law 70, confidentiality should be offered to witnesses and whistle-blowers, and as far as possible, to complainants and alleged perpetrators.

RemovedRecital 22 a (new): (22a) The obligations placed on Member States and the tasks of equality bodies under this Directive in relation to assistance to victims should be considered in conjunction with the Member States’ obligations and the victims’ rights set out in Directive 2012/29/EU.

RemovedRecital 23: (23) To offer a possibility for a quick, affordable, out of court resolution of disputes, Member States should provide for the possibility for parties to resolve their disputes by means of alternative dispute resolution, including within the framework of a conciliation and mediation structure. Such alternative dispute resolution should be led by the equality body or another existing, independent, dedicated entity which is not related to the government. They should define the modalities of the amicable settlement process according to national law. Engaging in a conciliation and mediation process should be subject to the agreement of the parties and should not prevent a party from exercising the right of access to court where that party does not accept the decision issued within the framework of the conciliation and mediation structure. The conciliation and mediation structure should consist of experts in human rights law from both parties. Decisions issued within the framework of the conciliation and mediation structure should be legally binding, provided that both parties to the dispute agree. Member States should ensure a sufficient limitation period to guarantee that the parties to a dispute have access to court where they do not reach an agreement at the end of the conciliation and mediation process.

RemovedRecital 25: (25) Evidence is key in determining whether discrimination has taken place and it is often in the hands of the alleged perpetrator. Equality bodies should therefore be able to access the necessary information and documents to establish discrimination and cooperate with the relevant public services – such as labour inspectorates, education inspectorates and the social partners. Member States should establish an appropriate framework for the exercise of this competence, in accordance with national rules and procedures. Where they consider it useful and necessary for the proper conduct of investigations, equality bodies should be able to entrust other competent bodies with the power to investigate whether breaches of the principle of equal treatment have occurred.

RemovedRecital 26: (26) On the basis of the evidence gathered, either voluntarily or through an investigation, equality bodies should be able to provide their assessment to the complainant and the alleged perpetrator. Member States should determine, in consultation with other entities, such as the social partners and civil society organisations, the legal value of this assessment that can be a non-binding opinion or a binding enforceable decision. Both should state the reasons for the assessment and include, where necessary, measures to remedy any breach found and to prevent further occurrences. To ensure the effectiveness of equality bodies’ work, Member States should adopt appropriate measures for the follow-up of non-binding opinions and the enforcement of binding decisions.

RemovedRecital 27: (27) To promote their work and equality law, equality bodies should be able to publish their opinions and decisions, including summaries thereof, without disclosing personal data. Equality bodies should be able to disclose in their opinions and decisions the personal data of the parties concerned where provided for, and in accordance with the conditions laid down by national law, in particular for the purpose of enforcing their decisions.

RemovedRecital 28: (28) Equality bodies should have the right to act and to be present and heard in any proceedings in civil or administrative law matters in order to contribute to ensuring the respect of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU. While those court proceedings should be subject to national procedural law, including national rules on admissibility of actions, such rules, and in particular any condition of legitimate interest, cannot be applied in a way so as to undermine the effectiveness of the equality bodies’ right to act. The powers of investigation and decision-making and the right to act in court proceedings given to equality bodies by this Directive will facilitate the practical implementation of the current provisions of Directives 2000/43/EC, 2000/78/EC, 2004/113/EC and 2019/1158/EU on the burden of proof and defence of rights. Under the conditions provided for in this Directive, equality bodies will be able to establish facts “from which it may be presumed that there has been direct or indirect discrimination”, thereby fulfilling the conditions provided for in Article 9 of Directive 2000/43/EC, Article 10 of Directive 2000/78/EC, Article 9 of Directive 2004/113/EC and Articles 12 and 15 of Directive 2019/1158/EU. Their support will therefore facilitate access to justice for persons who have experienced discrimination.

RemovedRecital 29: (29) Legal standing allows equality bodies to act on behalf or in support of victims, allowing them to access justice where procedural and financial barriers or a fear of victimisation often deters them. Legal standing also allows equality bodies to strategically select the cases they decide to pursue in front of national courts, and to contribute to the proper interpretation and application of equal treatment legislation, as well as to make proposals to improve and update existing legislation.

RemovedRecital 30: (30) Some instances of discrimination are difficult to fight because there is no complainant pursuing the case themselves. In its judgment in Case C-54/07 (Feryn)71, which was brought by an equality body in its own name, the Court of Justice confirmed that discrimination can be established even in the absence of an identified person who has experienced discrimination, as for instance in cases of structural or institutional discrimination. It is therefore important that equality bodies can act and initiate court proceedings in their own name, to defend the public interest where discrimination has been detected, without the presence of an individual, identified person who has experienced discrimination. It is also important that they can act in cases where collective redress is used. When an equality body initiates or participates in proceedings on behalf or in support of one or several persons who have experienced discrimination, that person or those persons should be able to withdraw their tacit approval prior to the court proceeding.

RemovedRecital 30 a (new): (30a) This Directive also aims to address instances of structural and systemic discrimination involving procedures, norms, routines and internal structure of any private or public organisation, including law enforcement authorities that contribute to reinforcing inequalities for some particular groups of the population. Equality bodies should be able to step up measures to prevent such discrimination and should develop systemic remedies that enable a coherent response to structural or systemic discrimination across all sectors.

RemovedRecital 31: (31) Equality bodies should also be able to submit oral or written statements to the courts, as a third party or as an expert, as an additional way to support cases with their expert opinion.

RemovedRecital 32: deleted

RemovedRecital 34: (34) The provisions on the equality bodies’ right to act in court proceedings do not alter the rights of persons who have experienced discrimination and of associations, organisations or other legal entities that enforce the rights of persons who have experienced discrimination which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that Directives 2006/54/EC and 2010/41/EU are complied with, as laid down in those Directives. The role of equality bodies in court proceedings should be clearly specified in order to avoid a needless overlap with the tasks of other monitoring bodies, assuring a balanced approach to discrimination, and to avoid overlapping measures.

RemovedRecital 35: (35) The effectiveness of equality bodies’ work also depends on giving groups at risk of discrimination full access to their services. In a survey conducted by the European Union Fundamental Rights Agency 72, 71% of members of ethnic or immigrant minority groups reported to be unaware of any organisation offering support or advice to persons who have experienced discrimination. A key step to support this access is for each Member State to provide information in all of its official languages, to ensure accessibility for people with disabilities and to provide key information in English in order to ensure that people know their rights and are aware of the existence of and services offered by equality bodies. This is particularly important for disadvantaged groups and groups whose access to that information can be hindered, for example by their health or socio-economic status, age, disability, literacy, nationality, membership of a national minority, language, residence status, remote or rural geographic location or their lack of access to online tools.

RemovedRecital 36: (36) Access to equality bodies’ services and publications on an equal basis for all should be guaranteed, including online. For that purpose, potential barriers to access to equality bodies’ services should be identified and addressed. Services should be free of charge for complainants. Member States should also make sure that the services of equality bodies are available to all persons who have potentially experienced discrimination throughout their territory, for example through the establishment of local and regional offices, including mobile ones, the establishment of accessible and user-friendly digital tools and platforms for contacting equality bodies, the organisation of local campaigns or cooperation with local delegates, local governments, the social partners, including trade unions, or civil society organisations that are adapted to local needs. Special attention should be paid to the most vulnerable groups. Educational campaigns on human rights and anti-discrimination should be planned and addressed to children and young people at school, starting from an early age. The social partners and civil society organisations should be included in conducting such educational campaigns and in the preparation and dissemination of information as part of such educational campaigns.

RemovedRecital 36 a (new): (36a) To guarantee access to their services on an equal basis, equality bodies must acknowledge that some occupations, performed mainly by women, are historically devalued and taken as natural. Statistics on the pay gap between men and women often do not include the vast number of women who, across the Union, are not properly paid due to their involvement in informal work. If unpaid domestic and care work were accounted for, gross domestic product would increase in many Member States. Invisibility of domestic and care work contributes directly to the discrimination against women in matters of employment and occupation. If these women engaged in many forms of informal work were included in statistics, the relative disadvantage of women in the labour market would be much more evident, as well as their inability to benefit from labour market regulation, in particular anti-discrimination provisions. Equality bodies must play a key role in making these occupational discriminations visible, namely by collecting data, promoting reports and recommending public policies to make clear that domestic and care work are real occupations involving millions of Union workers.

RemovedRecital 37: (37) The Union and all Member States are parties to the UN Convention on the Rights of Persons with Disabilities 73 (UNCRPD), which includes the obligation to prohibit discrimination on the basis of disability and to guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. This Directive should be interpreted in a manner consistent with the UNCRPD. To guarantee equal and effective legal protection and access for persons with disabilities to all services and activities of equality bodies, it is necessary to ensure accessibility, in accordance with requirements set out in Directives (EU) 2016/2102 and (EU) 2019/882, and reasonable accommodation. Equality bodies should ensure physical and digital 74 accessibility by preventing and removing the barriers that persons with disabilities may face in accessing their services and information, and provide reasonable accommodation, taking necessary and appropriate modification and adjustments where needed in a particular case. Under their mandate, equality bodies should cover all forms of discrimination faced by persons with disabilities in line with the UNCRPD, including direct and indirect discrimination, denial of reasonable accommodation, discrimination by association, harassment, instruction to discriminate, victimisation and hate speech.

RemovedRecital 38: (38) Enabling equality bodies to regularly coordinate and cooperate at different levels, on a long-term basis, is key for mutual learning, coherence and consistency, and it may broaden the outreach and impact of their work. In order to address overlapping competences, to enable joint action and to optimise the use of resources, where several equality bodies exist within the same Member State, coordination between them should be ensured and their competences should be adjusted accordingly. Equality bodies also should cooperate with other equality bodies in other Member States – including in the framework of the European Network of Equality Bodies (Equinet) – and with public and private entities at local, regional, national, Union and international level, such as the social partners, civil society organisations, Union bodies, offices and agencies, data protection authorities, trade unions, labour and education inspectorates, law enforcement bodies, agencies with responsibility at national level for the defence of human rights, national statistical offices, authorities managing Union funds, National Roma Contact Points, indigenous groups such as Samí Parliaments, consumer protection bodies, and national independent mechanisms for the promotion, protection and monitoring of the UNCRPD. Such cooperation should not involve the exchange of personal data (i.e. equality data in the form that individuals can be identified). Furthermore, any involvement of equality bodies in workplace-r…

RemovedRecital 39: (39) Equality bodies cannot fully play their role as experts in equal treatment if they are not consulted sufficiently early during the policymaking process on matters related to rights and obligations derived from Directives 2006/54/EC and 2010/41/EU. Therefore, Member States should establish transparent procedures to ensure that consultation in a timely manner. They should also allow equality bodies to make recommendations and publish and update them as often as they deem necessary.

RemovedRecital 40: (40) Equality data, in particular gender-disaggregated data and gender statistics, are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends and shifts in social attitudes over time, proving the existence of discrimination, including multiple and intersectional discrimination, evaluating the implementation of equality legislation, demonstrating the need for positive action, and contributing to evidence-based policymaking75 . Equality bodies have a role to play in contributing to the development of relevant equality data for those purposes, for example by organising regular roundtables gathering all relevant entities. They should also collect and analyse disaggregated data on their own activities or conduct or commission surveys, research and studies and should be able to access and make use of statistical information collected by other public or private entities – such as the national statistical offices, national courts, labour and education inspectorates, trade unions, the media or civil society organisations - concerning the matters they are entrusted with under Directives 2006/54/EC and 2010/41/EU. That statistical information should not contain any personal data and should be available in an accessible format so that it can be readily used by equality bodies. Member States should ensure that equality bodies receive sufficient funding for their data collection and analysis tasks. The work of equality bodies on equality data should t…

RemovedRecital 41: (41) Equality bodies should publish an annual report on their activities. Every three years, they should also publish, as part of the annual report of that year, a report featuring an overall assessment of the situation regarding discrimination falling under their mandate in the Member States. That report should provide information, recommendations and follow-up thereto for public and private entities and serve as a guide to determine the equality bodies’ priorities for the future. Reports should not contain any personal data. Equality bodies should be provided with sufficient resources in order to carry out the reporting tasks with which they are entrusted.

RemovedRecital 42: (42) To determine their vision for the future and identify their organisation's goals and objectives, equality bodies should adopt a multi-annual programme. This should allow them to ensure the coherence of their different strands of work over time and address structural or systemic issues of discrimination, including online, falling under their mandate as part of a long-term action plan. The competence and powers attached to all mandates in such institution should be harmonised and reinforced so that each mandate should as far as possible enjoy the broadest competences and powers available to any of the other mandates.

RemovedRecital 43: (43) In order to assess the effectiveness of this Directive it is necessary to establish a mechanism to monitor its application and, in addition to monitoring compliance, assess its practical effects. The Commission should be in charge of that monitoring and regularly draw up an application report every three years based on information received from Member States and additional relevant data collected, at national and Union level and from equality bodies and other stakeholders, by the European Union Agency for Fundamental Rights, the European Institute for Gender Equality and Equinet.

RemovedRecital 43 a (new): (43a) In order to ensure uniform conditions for the implementation of Member States’ reporting obligations under this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of establishing a list of common indicators to measure the practical effects of this Directive. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making1a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. / 1a OJ L 123, 12.5.2016, p. 1.

RemovedRecital 44: (44) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. Member States are encouraged to introduce or maintain more favourable provisions. The implementation of this Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State.

RemovedRecital 48: (48) Where the fulfilment of the tasks of equality bodies requires the processing of special categories of personal data, within the meaning of Regulation (EU) 2016/679, Member States should also ensure that national law respects the essence of the right to data protection and provides for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject, in accordance with Article 9(2), point (g), of Regulation (EU) 2016/679. Such safeguards should include for example internal policies and measures to ensure data minimisation, including through anonymisation of personal data, where possible; to apply pseudonymisation and encryption to personal data; to prevent unauthorised access and transmission of personal data; and to ensure that personal data is not processed longer than is necessary for the purposes for which they are processed.

RemovedArticle 1 – paragraph 1: 1. This Directive lays down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their mandate, competences, independence and autonomy in order to strengthen the application of the principle of equal treatment enshrined in the TEU, the TFEU and the Charter and as derived from Directives 2006/54/EC and 2010/41/EU.

RemovedArticle 1 – paragraph 2 a (new): 2a. For the purpose of complying with the prohibition of discrimination as laid down in Article 4 of Directive 2006/54/EC and in Directive 2010/41/EU and as derived from the case law of the Court of Justice, Member States shall ensure that when complying with their obligations under this Directive and when equality bodies exercise their tasks thereunder the principle of equal treatment applies to all persons in all their diversity, irrespective of their sex, gender, gender identity, gender expression or sex characteristics.

RemovedArticle 2 – paragraph 1: Member States shall designate and make the necessary arrangements for one or more bodies (hereinafter referred to as ‘equality bodies’) to exercise the competences laid down in this Directive. Member States shall ensure that the institutional architecture of equality bodies is coherent in such a way that it would not hamper the ability of equality bodies to exercise their competences.

RemovedArticle 2 – paragraph 2: Equality bodies may form part of agencies with responsibility at national level for the defence of human rights or the safeguarding of individuals' rights. Where equality bodies form part of such agencies, Member States shall ensure that they are visible and involved at all stages and shall allow for full transparency and accountability in the process.

RemovedArticle 2 – paragraph 2 a (new): Member States shall ensure that equality bodies cover single or multiple grounds of discrimination with a clear and appropriate focus on each of the grounds.

RemovedArticle 2 – paragraph 2 b (new): Equality bodies shall ensure gender parity in leadership and senior management positions reflecting the diversity of society at large.

RemovedArticle 3 – paragraph 1: 1. Member States shall take measures to ensure that equality bodies are fully independent, autonomous and are free from external influence in performing their tasks, deciding on their objectives and actions and exercising their competences, in particular as regards their legal structure, accountability, budget, resources, staffing, communication and organisational matters.

RemovedArticle 3 – paragraph 1 a (new): 1a. Member States shall ensure that equality bodies are not set up within a ministry, a government body or a body taking or seeking instructions from the government in order to preserve their nature as independent bodies.

RemovedArticle 3 – paragraph 2: 2. Member States shall provide for transparent, participatory and competence-based rules, processes and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff of equality bodies, for example by consulting experts during the process for selecting staff. Those rules, processes and safeguards shall concern, in particular, persons holding managerial positions, for example members of boards managing equality bodies, heads of equality bodies, deputy heads of equality bodies and, where applicable, interim heads of equality bodies in order to guarantee the competence of equality bodies and that they are fully independent from any kind of external or internal interference.

RemovedArticle 3 – paragraph 3: 3. Member States shall ensure that appropriate safeguards are in place, in particular in the internal structure of equality bodies, to guarantee the independent exercise of their competences, notably where some require impartiality and others focus on support to persons who have experienced discrimination, while allowing for cooperation and coordination among mandates and the sharing of staff experience and practices in view of promoting coherence and making the best use of staff’s expertise.

RemovedArticle 3 – paragraph 4: 4. Member States shall ensure that appropriate safeguards are in place in the internal structure and operation of multi-mandate bodies to guarantee the effective fulfilment of their tasks and the autonomous exercise of the equality mandate without external influence.

RemovedArticle 4 – paragraph 1: 1. Member States shall ensure, in accordance with their national budgetary processes, that each equality body has budgetary and financial autonomy and is provided with the stable human, material, technical and financial resources necessary to perform all its tasks and to exercise all its competences effectively, on all the grounds and in all fields covered by Directives 2006/54/EC and 2010/41/EU including where equality bodies are part of a multi-mandate body, and in the event of increases in competences, increases in complaints, litigation costs and the use of special expertise in developing areas with the potential for discrimination such as the use of automated systems. Member States shall ensure that equality bodies are allocated their budget in a stable manner, that their budget is planned on a multi-annual basis and that their resources and budget are adjusted upwards accordingly when their competences are increased. Member States shall ensure that equality bodies’ budgets cover costs that might be difficult to anticipate, such as costs linked to litigation.

RemovedArticle 5 – paragraph 1 – point a: (a) adopt a strategy to raise awareness of the general population, throughout their territory, with particular attention to individuals at risk of discrimination, such as young people, families in all their diversity, and groups at risk of discrimination, in a manner and in formats that are accessible for all, on the rights under Directives 2006/54/EC and 2010/41/EU and the way in which they can be exercised and on the existence and competences of equality bodies and their services;

RemovedArticle 5 – paragraph 1 – point b: (b) ensure the conditions for equality bodies to: / (i) engage in the prevention of discrimination and in the promotion of equal treatment, to guarantee their independence when they adopt a strategy defining how they will engage in public dialogue, communicate with individuals, social partners, civil society and groups at risk of discrimination, and to ensure an inclusive approach in combating intersectional and multiple discrimination and underreporting; / (ii) provide training, advice and guidance to individuals and institutions in the public and private sector on good practices for promoting and achieving equality and preventing discrimination; / (iii) promote equality duties, equality and gender mainstreaming and positive action among public and private entities, and to support, and provide guidance on, the implementation of equality duties, equality and gender mainstreaming and positive action, and; / (iv) be able to carry out research on discrimination, including structural or systemic discrimination, and on online discrimination, including biases and algorithmic discrimination.

RemovedArticle 5 – paragraph 2: In doing so, Member States and equality bodies shall take into consideration the most appropriate communication tools and formats for each target group and include digital tools and means of communication. They shall focus in particular on disadvantaged groups whose access to information can be hindered, for example by their health and socio-economic status, age, disability, literacy, nationality, membership of a national minority, language, residence status, remote and rural geographic location, or their lack of public or private access to online tools.

RemovedArticle 6 – title: Assistance to persons who have experienced discrimination

RemovedArticle 6 – paragraph 1: 1. Member States shall ensure that equality bodies are able to provide assistance free of charge to persons who have experienced discrimination in accordance with this Directive.

RemovedArticle 6 – paragraph 2: 2. Equality bodies shall be able to receive complaints of discrimination by all possible means, including orally, in writing and online.

RemovedArticle 6 – paragraph 3 – subparagraph 1: Equality bodies shall provide assistance to persons who have experienced discrimination and to their mandated trade union representatives, including legal advice and information about the legal framework, advice targeted to the specific situation and needs of the persons who experienced discrimination on the services offered by the equality body and related procedural aspects, as well as on available remedies, including the possibility to pursue a case in court.

RemovedArticle 6 – paragraph 3 – subparagraph 2: Equality bodies shall also inform persons who have experienced discrimination about the confidentiality rules applicable, on the protection of personal data and on the possibilities to obtain psychological or other types of support from other bodies or organisations.

RemovedArticle 6 – paragraph 3 – subparagraph 2 a (new): Information as referred to in the second subparagraph of this paragraph shall be provided in an accessible manner and in a format which is adapted to the needs of people with disabilities.

RemovedArticle 6 – paragraph 4 – subparagraph 1: Equality bodies may provide persons who have experienced discrimination with a first consultation on their case. Equality bodies shall be able to establish the arrangements of such first consultations.

RemovedArticle 6 – paragraph 4 – subparagraph 2: Following a first consultation as referred to in the first subparagraph of this paragraph, equality bodies shall inform the person who has experienced discrimination of the conclusion they have reached and their reasons therefor and whether it will close their complaint or whether there are grounds to pursue it further, including via the procedures laid down in Articles 7, 8, 8a and 9.

RemovedArticle 7 – title: Alternative dispute resolution

RemovedArticle 7 – paragraph 1: Equality bodies or other existing dedicated entities shall be able to offer the parties to a dispute the possibility to resolve their dispute by means of alternative dispute resolution, including within the framework of a conciliation and mediation structure. This alternative dispute resolution shall be led by the equality body itself or by another existing independent dedicated entity, in which case the equality body may formulate observations to that entity. Parties shall have a possibility to be assisted or represented by social partners. The conciliation and mediation structure shall consist of experts in human rights law from both parties to the dispute. Where a dispute is heard within the conciliation and mediation structure, impartial lawyers shall prepare the case. Decisions issued within the framework of the conciliation and mediation structure shall be legally binding, provided that both parties to the dispute agree.

RemovedArticle 7 – paragraph 1 a (new): Engaging in such a conciliation and mediation process shall be subject to the agreement of the parties to the dispute and shall not prevent the parties from exercising their right of access to court where one of them does not accept the decision issued within the framework of the conciliation and mediation structure. Such a conciliation and mediation process shall not replace or undermine existing national conciliatory procedures where such procedures are able to provide better anti-discrimination protection.

RemovedArticle 7 – paragraph 1 b (new): Member States shall ensure a sufficient limitation period to guarantee that the parties to the dispute have access to court where they do not reach an agreement at the end of the conciliation and mediation process. The limitation period shall be suspended during the conciliation and mediation process.

RemovedArticle 8 – title: Investigation

RemovedArticle 8 – paragraph 1: 1. Member States shall ensure that equality bodies are empowered to effectively investigate, following a complaint or on their own initiative, whether a breach of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU has occurred.

RemovedArticle 8 – paragraph 2 – subparagraph 2: In particular, that framework shall provide equality bodies with effective rights to access information and documents which are necessary to establish whether discrimination has occurred and with the power to oblige alleged perpetrators and third parties to provide them with information and documents when requested. It shall also provide for appropriate mechanisms for equality bodies to cooperate with relevant public bodies, such as labour inspectorates or other enforcement bodies, and shall provide equality bodies with the power to ensure such public bodies cooperate with them for that purpose. Equality bodies shall respect the confidentiality of all information and documents received.

RemovedArticle 8 – paragraph 3: deleted

RemovedArticle 8 – paragraph 3 a (new): 3a. Where they consider it useful and necessary for the proper conduct of investigations, equality bodies may entrust other competent bodies with the power to investigate whether breaches of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU have occurred and with the power to carry out fact finding as provided for in this Directive.

RemovedArticle 8 – paragraph 4 – subparagraph 1: deleted

RemovedArticle 8 – paragraph 4 – subparagraph 2: deleted

RemovedArticle 8 – paragraph 4 – subparagraph 3: deleted

RemovedArticle 8 a (new): Article 8a / Opinions and decisions / 1. Member States shall ensure that equality bodies are empowered to record in writing their assessment of a case. As part of their written assessment, equality bodies shall establish the facts of the case and provide a reasoned conclusion as to whether discrimination has occurred. Member States shall determine, in consultation with other entities, such as the social partners and civil society organisations, whether the equality bodies are to assess cases by means of non-binding opinions or binding enforceable decisions. / 2. Opinions and decisions issued by equality bodies shall include specific measures to remedy any breach found to have occurred and to prevent further occurrences. Member States shall establish appropriate mechanisms to follow up on non-binding opinions, such as obligations to provide feedback, and to follow up on binding enforceable decisions. In the case of binding enforceable decisions, equality bodies may have the competence to impose effective, proportionate and dissuasive sanctions, in accordance with national law and practices. / 3. Equality bodies shall publish summaries of their opinions and decisions, without disclosing personal data. The personal data of the parties concerned may be disclosed in the opinions and decisions of equality bodies where provided for in, and in accordance with the conditions laid down by, national law, in particular for the purpose of enforcing the decisions of equality bodies.

RemovedArticle 9 – paragraph 1: 1. Member States shall ensure that equality bodies have the right to act in court proceedings in administrative and civil law matters relating to the implementation of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU in accordance with paragraphs 2 and 3, without prejudice to national rules on the admissibility of actions.

RemovedArticle 9 – paragraph 2 – introductory part: 2. The right to act in court proceedings shall at least include:

RemovedArticle 9 – paragraph 2 – point a: (a) the right of the equality body to act as a party in proceedings on the enforcement or judicial review of a decision taken pursuant to Article 8a;

RemovedArticle 9 – paragraph 2 – point b: (b) the right of the equality body to submit observations to the court;

RemovedArticle 9 – paragraph 2 – point c: (c) the right of the equality body to initiate or participate in proceedings on behalf or in support of one or several persons who have experienced discrimination provided that those persons have been notified;

RemovedArticle 9 – paragraph 2 – point c a (new): (ca) the right of the equality body to initiate court proceedings where it has detected discrimination but no individual complainant pursues the case; and

RemovedArticle 9 – paragraph 2 – point c b (new): (cb) the right of the equality body to act in court proceedings dealing with collective redress actions.

RemovedArticle 9 – paragraph 2 a (new): 2a. Member States shall ensure that equality bodies have the right to monitor the execution of decisions of institutions, adjudicatory bodies and courts dealing with equality and discrimination.

RemovedArticle 9 – paragraph 3: 3. Member States shall ensure that the equality body can initiate court proceedings in its own name, in particular in order to address structural and systematic discrimination or in order to defend the public interest in cases selected by the equality body because of their abundance, their seriousness or their need for legal clarification.

RemovedArticle 9 – paragraph 4: deleted

RemovedArticle 9 – paragraph 5: deleted

RemovedArticle 10 – paragraph 1: Member States shall ensure that, in the procedures referred to in Articles 6, 7, 8, 8a, 9 and 14 the rights of defence of natural and legal persons involved are duly protected. Member States shall ensure that equality bodies establish internal whistleblower contact points and put in place internal whistleblower protection, guarantee confidentiality of witnesses and whistleblowers, and as far as possible, of complainants and alleged perpetrators.

RemovedArticle 10 – paragraph 2: Decisions referred to in Article 8a shall be subject to judicial review, in accordance with national law.

RemovedArticle 10 – paragraph 2 a (new): This Directive is without prejudice to the competences of labour inspectorates and other enforcement bodies.

RemovedArticle 10 – paragraph 2 b (new): This Directive is without prejudice to national law, rules, procedures and practice concerning representation and defence by the social partners before the courts, to collective redress mechanisms and to other rights, prerogatives and competences of the social partners and workers’ and employers’ representatives, such as those relating to the enforcement of collective agreements.

RemovedArticle 11 – title: Equal access, accessibility and reasonable accommodation

RemovedArticle 11 – paragraph 1: 1. Member States shall guarantee access to equality bodies’ services and publications on an equal basis for all and ensure that there are no barriers to submission of complaints or to assistance to persons who have experienced discrimination, through the establishment of local and regional offices, including mobile offices, and the establishment of accessible and user-friendly digital tools and platforms.

RemovedArticle 11 – paragraph 2: 2. Member States shall ensure that equality bodies provide all their services, including court representation, at no cost to complainants, throughout their territory, including in rural and remote areas and in outermost regions.

RemovedArticle 11 – paragraph 3: 3. Member States shall ensure accessibility, including in accordance with Directives (EU) 2016/2102 and (EU) 2019/882, and provide reasonable accommodation for persons with disabilities and persons belonging to other groups at risk of discrimination, such as LGBTI persons and migrants, to guarantee their equal access to all services, activities and information of equality bodies, including assistance to persons who have experienced discrimination, complaint submission and handling, alternative dispute resolution mechanisms, information and publications, and prevention, promotion and awareness-raising activities.

RemovedArticle 12 – paragraph 1: Member States shall ensure that equality bodies, without prejudice to their independence, have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies within the same Member State, with equality bodies of other Member States, including in the framework of and with the European Network of Equality Bodies (Equinet), and with relevant public and private entities, including local governments, the social partners and civil society organisations, at national, regional, local level, as well as in other Member States and at Union and international level. Member States shall ensure that equality bodies cooperate in an equal manner with relevant Union bodies, offices and agencies, such as the European Institute for Gender Equality and the European Union Agency for Fundamental Rights.

RemovedArticle 13 – paragraph 1: Member States shall implement gender mainstreaming effectively in their national policies as an important tool to achieve gender equality and put in place transparent procedures to ensure that the government and other public institutions consult equality bodies on legislation, policy, procedure, programmes, and practices related to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU in a timely manner. Member States shall ensure that equality bodies have the necessary means to provide feedback received as a result of such consultations with Equinet.

RemovedArticle 14 – title: Data collection and access to equality statistics

RemovedArticle 14 – paragraph 2: 2. The data collected shall be disaggregated by grounds and fields covered by Directives 2006/54/EC and 2010/41/EU, taking into account multiple and intersectional discrimination, and in accordance with the indicators referred to in Article 16. The personal data collected shall be anonymised and, where not possible, pseudonymised.

RemovedArticle 14 – paragraph 3: 3. Member States shall ensure that equality bodies can access statistics related to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU collected by public and private entities including public authorities, the social partners, companies, and civil society organisations where they deem such statistics necessary to make an overall assessment of the situation regarding discrimination in the Member State, and for drawing up the report referred to in Article 15, point (c), of this Directive. The statistical data collected by public and private entities shall be made available in an accessible format so that it can be easily used by equality bodies.

RemovedArticle 14 – paragraph 4: 4. Member States shall allow equality bodies to make recommendations on which data could be collected in relation to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU, to public and private entities including public authorities, the social partners, companies and civil society organisations. Member States shall also allow equality bodies to play a coordination role in the collection of equality data.

RemovedArticle 14 – paragraph 5: 5. Member States shall ensure that equality bodies may conduct and commission independent surveys, research and reports concerning discrimination, including intersectional, structural and systemic discrimination.

RemovedArticle 14 – paragraph 5 a (new): 5a. Member States shall ensure that equality bodies have the right to make public statements and produce and publish research, recommendations and reports without prior permission or approval from or without being required to notify the government or any institution or external party.

RemovedArticle 15 – paragraph 1 – point c: (c) publish an independent report, with recommendations, ensuring an intersectional approach, at least every three years, on the state of equal treatment and discrimination, including potential structural issues, and any action or attempt to backslide in those areas, as well as an analysis of their budget in their Member State;

RemovedArticle 15 – paragraph 1 – point c a (new): (ca) engage in a sustainable dialogue with the government and other authorities; the government and other authorities shall take into account the equality bodies' recommendations on legislation, policies, procedures, programmes and practice, and take action where necessary, and;

RemovedArticle 15 – paragraph 1 – point c b (new): (cb) develop and track output and impact indicators established in accordance with Article 16 to assess their progress and conduct, with Equinet, an evaluation of their functioning at least every four years.

RemovedArticle 16 – paragraph 1: 1. The Commission shall, by means of a delegated act, establish a list of common indicators to measure the practical effects of this Directive, in cooperation with Equinet and making use of Equinet’s indicators. When preparing the indicators, the Commission shall also seek advice from the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. Those indicators shall cover the human, technical, material and financial resources, independent functioning, activities, accessibility and effectiveness of equality bodies, as well as evolutions in their mandate, powers, appointments or structure, ensuring the comparability, objectivity and reliability of the data collected at national level.

RemovedArticle 16 – paragraph 2: 2. By [3 years after the date of transposition], and every 3 years thereafter, Member States shall provide the Commission with all relevant information regarding the application of this Directive, including data on its practical effects collected on the basis of the indicators referred to in paragraph 1 of this Article, and in particular taking into account the reports drawn up by the equality bodies under Article 15, points (b) and (c).

RemovedArticle 16 – paragraph 3: 3. The Commission shall draw up a report on the application and practical effects of this Directive, based on the information referred to in paragraph 2 and additional relevant data collected at national and Union level, in particular from equality bodies, Equinet, civil society organisations and stakeholders, by the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. The Commission shall evaluate, with the involvement of Equinet, the European Institute for Gender Equality, the European Union Agency for Fundamental Rights, Eurofound and other relevant bodies, offices and agencies of the Union, based on the information it has received, the situation of discrimination in each Member State. The Commission shall draw up an index and a balance sheet for each Member State describing the situation regarding discrimination and their performance as regards anti-discrimination measures and shall issue follow-up recommendations. The Commission’s report on the application and practical effects of this Directive shall contain a specific assessment of the independent functioning of equality bodies. Complaints on any interference may be submitted to the Commission. The Commission shall add such complaints to the report and shall further investigate the allegations contained therein.

RemovedArticle 17 – paragraph 2: 2. The implementation of this Directive shall under no circumstances constitute grounds for a reduction in the level of protection against discrimination already afforded by Member States in the matters covered by Directives 2006/54/EC, 2010/41/EU and 2023/970/EU.

RemovedArticle 18 – paragraph 1: 1. Member States shall ensure that equality bodies may collect and process personal data only where necessary for the fulfilment of the tasks under this Directive and where the data collection and processing is in full compliance with Regulation (EU) 2016/679.

RemovedArticle 18 – paragraph 2: 2. Member States shall ensure that when equality bodies process special categories of personal data, within the meaning of Regulation (EU) 2016/679, namely data on racial or ethnic origin, where possible under national law, religion or belief, disability, sexual orientation, suitable and specific measures are provided to safeguard the fundamental rights and the interests of the data subject in accordance with Article 9(2), point (g), of Regulation (EU) 2016/679.

RemovedArticle 20 – paragraph 1 – subparagraph 1: Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [12 months] at the latest. They shall immediately inform the Commission thereof.

RemovedNational equality bodies are public organisations that promote equal treatment in each European Union Member State by providing independent assistance to victims of discrimination, acting and/or representing victims in court, conducting independent surveys and enquiries, publishing independent reports, collecting data, raising awareness and making recommendations on matters relating to discrimination. They are legally required to do so in case of a discrimination based on ground of the ones defined under article 19 TFEU, including sex, race and ethnicity, age, sexual orientation, religion or belief, and disability. Equality bodies shall also require doing so in case of multiple and intersectional discrimination. To reflect the evolvement of the society and to be in line with the ECJ case, the scope of equal treatment of men and women cannot be limited to discrimination based on the fact that a person is of one or other sex. Thus, intersectional and multiple discrimination should be taken into account.

RemovedEquality bodies are core actors in the anti-discriminatory work in the EU, and their abilities to assist victims of discrimination and promote anti-discrimination in the EU need to be both strengthened and supported. European Union values, amongst them equality, can only become reality if they are properly put in practice. This is why this directive is important - it contributes to implementing the objectives of the Treaties not only in theory, but also in practice-.

RemovedDue to their specific roles, equality bodies are also involved in workplace related matters. In that particular situation, equality bodies should always respect the autonomy, competences and prerogatives of social partners as well as the recognised competences of all relevant government agencies, including labour inspectorates, national courts and/or statutory tribunals, in line with national law and practices.

RemovedEquality bodies were first established by the Racial Equality Directive (2000/43/EC). Three subsequent equality directives entrusted equality bodies with the same missions in their respective field: the Gender Equality Directive in the field of goods and services (2004/113/EC), the Gender Equality Directive in the field of employment (2006/54/EC) and the Gender Equality Directive in the field of self-employment (2010/41/EU).

RemovedIn 2018, the Commission issued a positive Recommendation on binding standards for equality bodies that recommended a set of measures for Member States to improve their respective equality bodies’ independence and effectiveness, in particular in terms of their capacity to ensure that any individuals and groups that are discriminated against can fully enjoy their rights.

RemovedHowever, despite these efforts, the existing legislation and the 2018 recommendation have not ensured sufficient resources and tools, nor have they achieved an ideal operational environment for equality bodies. Most issues that the 2018 recommendation addressed are still not resolved. In addition, the conditions for effective functioning of equality bodies differ significantly between different Member States. As a result, the level of protection against discrimination is different, asymmetrical and inconsistent for citizens around Europe. Not everyone is protected to the same standards. This needs to be corrected swiftly, and differences in levels of in protection between groups of people in different Member States need to be made transparent.

RemovedTo achieve this goal, strong minimum standards for equality bodies are needed. The basis of well-functioning equality bodies in democratic states is the independence of these organisations. Equality bodies and their staff need to be free from all external interference and this must be ensured by using all possible safeguards. Equality bodies must never be part of a ministry, other governmental body or a body taking instructions from the government, but genuinely be able to be independent in their actions. For this, adequate funding that corresponds accordingly to the amount and nature of tasks of the equality body, as well as stable working contracts for their staff to ensure coherent and long-term anti-discriminatory work, should be guaranteed, which is too often not the case. Equality bodies should never have to face the same regrettable situation with which for example the European Institute for Gender Equality (EIGE) and a number of other agencies are confronted, namely being understaffed and under-resourced with an ever-increasing workload and research demands.

RemovedAn effective equality body has litigation powers. At present, equality bodies in some EU Member States do not enjoy the right to act in court. In addition to equality bodies’ rights to act as a party in proceedings, to submit observations to the court or to initiate or participate in proceedings on behalf or in support of one or several victims, they should also be able to initiate court proceedings in their own name when there is no individual complainant pursuing the case themselves, or to act in court proceedings when collective redress is used.

RemovedHowever, not all cases ever go to court nor should they need to. To offer a quick, affordable, out of court resolution of disputes, Member States should also provide for the possibility for parties to seek an alternative dispute resolution to their disputes, through, for example, a conciliation and mediation process that can be led by the equality body or another existing independent dedicated entity which is not government related.

RemovedMonitoring is key to ensuring that equality bodies truly enjoy the rights they are assigned in this legislation. The Commission must, by means of an implementing act, establish a list of common indicators for monitoring. In this work, the Commission should work closely with European Institute for Gender Equality (EIGE), European Network of Equality Bodies (Equinet) and European Union Agency for Fundamental Rights (FRA). It is important to recognise that these external agencies already have a lot of work on their agendas and that any cooperation with equality bodies should constitute as further grounds for budget increases. The Commission must also evaluate the situation of discrimination in each Member State and issue follow-up recommendations in cases where it notes concerning developments in any of the Member States.

RemovedAs is the case in all policy areas, cooperation is key. Member States need to ensure that equality bodies have appropriate mechanisms in place to cooperate with other equality bodies within the same Member State, and with relevant public and private entities, including civil society organisations, at national, regional and local level, as well as in other Member States and at Union and international level. Local governments should be afforded the opportunity to approach equality bodies when they see examples of discrimination at a national level, irrespective of whether the alleged case of discrimination has taken place within that particular local area. Equality bodies should equally have the right to cooperate with EIGE, FRA and Equinet, as well as social partners and labour inspectorates.

RemovedFar too often, citizens across our continent see their basic human rights both disregarded and disrespected. With the help of this legislative proposal and the minimum standards it lays down, people in all Member States will be able to enjoy strengthened level of protection against discrimination. At the same time, Member States are allowed to apply or introduce laws, regulations or administrative provisions that are more favourable than the minimum standards laid down in this Directive. There is no time to wait - the success of this legislation is key to preserving our core EU values.