Members' Research Service By / May 12, 2023

Standards for equality bodies: Equal treatment between women and men in employment (ordinary legislative procedure) [EU Legislation in Progress]

The fight against discrimination is an area where, historically, the EU has made a difference.

© christianchan / Adobe Stock

Written by Ionel Zamfir (3rd edition, updated on 19.06.2024).

Several EU directives dealing with equality require EU Member States to establish equality bodies to assist victims of discrimination and to fight discrimination more broadly. However, their rules are general and do not define these bodies’ duties and operation, leading to disparities among Member States. Additionally, some Member States’ bodies have experienced a lack of resources, limited independence or a narrow remit.

To address this situation, in December 2022 the European Commission published a proposal, under the ordinary legislative procedure, setting standards for equality bodies involved in fighting discrimination on grounds of sex in the area of employment, in parallel to another proposal, under the consent procedure, on fighting discrimination on other grounds. The proposal focusing on equality bodies also sought to reinforce their independence, resources and mandate.

Overall, stakeholders welcomed the proposal but suggested changes. In trilogue negotiations, the co-legislators agreed on an amended text affording more flexibility to Member States by taking into account their institutional and legal setups. Parliament endorsed the agreement in its April I 2024 plenary. Council adopted the act on 7 May. The act was published in the Official Journal on 29 May and entered into force on 18 June 2024. The transposition deadline is set for June 2026.

Complete version

Proposal for a directive on standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, and deleting Article 20 of Directive 2006/54/EC and Article 11 of Directive 2010/41/EU
Committee responsible:Employment and Social Affairs (EMPL) and ‘Women’s Rights and Gender Equality (FEMM) (jointly under Rule 58)COM(2022) 688
7.12.2022
Co- rapporteurs:Sirpa Pietikäinen (EPP, Finland)
Marc Angel (S&D, Luxembourg)
2022/0400(COD)
Shadow rapporteurs:Rosa Estaràs Ferragut (EPP, Spain); Carina Ohlsson (S&D, Sweden); Max Orville (Renew, France); Irène Tolleret (Renew, France); Romeo Franz (Greens/EFA, Germany); Kira Marie Peter-Hansen (Greens/EFA, Denmark); Margarita de la Pisa Carrión (ECR, Spain); Guido Reil (ID, Germany); José Gusmão (The Left, Portugal); Eugenia Rodríguez Palop (The Left, Spain)Ordinary legislative procedure (COD)
(Parliament and Council on equal footing
– formerly ‘co-decision’)
Procedure completed.
OJ L 29.5.2024
Directive (EU) 2024/1500
Stage: procedure completed

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