Council directive on equal treatment: Potential European added value
In June 2024, the Belgian Council Presidency put forward a compromise proposal for a new Council directive on equal treatment and it won the support of a broad majority of Member States. The proposed law calls for the EU acquis on non-discrimination and equality to be extended to four new grounds beyond the area of employment (religion or belief, age, sexual orientation and disability). This briefing looks into what might be the European added value of such a directive. While most Member States already offer legal protection for the stated grounds and areas, the proposed law could still be expected to generate benefits for society by ensuring comprehensive and consistent protection against discrimination throughout the EU. Everyone living in the EU could stand to benefit from the proposed law, although those groups that face greater risk of discrimination would likely benefit to a greater extent. An analysis of European Social Survey data suggests that about three quarters of the EU population (aged over 15) identify with at least one of four characteristics: (i) belonging to a religion or denomination; (ii) over 65 years of age; (iii) hampered in daily activities to some extent; (iv) not heterosexual. Providers of goods and services (e.g. businesses, schools, hospitals, landlords) could be expected to incur some costs to comply with the proposed law. Such costs, however, would be subject to proportionality and the availability of public support. Other costs could include the preparation of guidelines to ensure neutral provision of goods and services in times of limited supply. The compromise proposal could offer EU added value by improving the efficiency and effectiveness of the EU's anti-discrimination framework in fulfilling Treaty commitments. This added value would depend on the extent to which legal certainty were improved and discrimination recognised and internalised by service providers. The proposed law could nevertheless promote more harmonised living standards and free movement in the internal market.
Briefing