Authors: Equal Rights Trust
This publication, drafted by Equal Rights Trust, with advice and expertise of an advisory committee and the Equinet secretariat, aims to assist States and Equality Bodies as they work to transpose and implement the new Directives on Standards. It provides an in-depth legal analysis of the Directives, through a close assessment of the text of the Articles, read together with the recitals, preparatory materials, existing legal instruments and authoritative recommendations issued by ECRI and the European Commission. It aims to explain and “unpack” the provisions of the Standards Directives, providing clear and practical guidance for implementation based on an assessment of the Standards Directives as a whole, viewed in light of the purposes clause, and by identifying a set of core principles for their interpretation to guide the transposition and implementation of these new legal frameworks. By establishing minimum requirements for independence, powers, and resources, the Directives ensure that Equality Bodies across Europe are empowered to combat discrimination and promote equality more effectively.
This resource highlights the importance of national transposition strategies, encouraging states to ensure an ambitious and efficient implementation of the minimum standards set by the Directives. Stronger Equality Bodies that have greater independence, broader mandates, and more resources to provide comprehensive support to victims of discrimination, ensure access to justice, and address the root causes of inequality.
This publication aims ultimately to provide a clear roadmap for legal practitioners, Equality Body staff, and other stakeholders to operationalize the Directives’ standards in their future work. The key interpretative principles derive from this comprehensive analysis are distilled in the Understanding the New EU Directives on Standards for Equality Bodies: Key Principles derived from the Legal Digest on Standards for Equality Bodies paper. This is a publication commissioned by Equinet, using the unique position and knowledge of Equality Bodies. However, it cannot be seen as a legally binding set of guidelines or interpretation.