On 8 December 2015, the Defender of Rights hosted the Conference “Equality bodies and the new freedom of movement directive – challenge or opportunity?” in Paris (France). This conference was dedicated to the role of equality bodies in combating nationality-based discrimination in the framework of the implementation of the new Directive.
Background information and context
Directive 2014/54/EU on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers was adopted in April 2014. It stipulates that “each Member State shall designate one or more structures or bodies (…) for the promotion, analysis, monitoring and support of equal treatment of Union workers and members of their family without discrimination on grounds of nationality (…) and shall make the necessary arrangements for the proper functioning of such bodies”. The competences of these bodies are similar to competences of equality bodies under EU equal treatment legislation, albeit they appear to go further in some respect. Whereas some Equinet members already hold a mandate to deal with nationality-based discrimination, this Directive could potentially give new competences to other equality bodies.
Conference Objectives
This Equinet conference was dedicated to the role of equality bodies in combating nationality-based discrimination in the framework of the implementation of the new Directive. It brought together equality bodies and relevant European stakeholders to analyse the role and potential challenges for equality bodies under the Directive and generally in addressing nationality-based discrimination.
This conference:
- Informed equality bodies about the new Directive
- Aimed to position equality bodies as key actors in combating nationality-based discrimination
- Enabled equality bodies to share their experience, expertise and good practices with other Equinet members and European stakeholders
- Discussed the challenges equality bodies might face under the new Directive
Speakers’ Presentations
OPENING
- Welcome and opening by Equinet (Evelyn Collins, Chair of Equinet, Chief Executive of the Equality Commission for Northern Ireland)
- Opening address by Defender of Rights (Jacques Toubon, Defender of Rights, France)
SESSION 1 – Taking stock and challenges ahead
Chair: Evelyn Collins, Equality Commission for Northern Ireland
- Taking stock of the situation and statistics – 2015 Annual report on labour mobility (Elena Fries-Tersch, Milieu)
- Presentation of key findings of the Equinet Discussion Paper on free movement, including potential challenges for equality bodies (Jayne Hardwick, Equality and Human Rights Commission, Great Britain)
- Responses from the European Commission and their view on the Directive’s potential – what role for equality bodies? (Dimitrios Kontizas, European Commission, DG Employment, Social Affairs and Inclusion, Head of Sector Free Movement of Workers, Unit D1)
SESSION 2 – The experience of researchers and practitioners
Chair: Néphèli Yatropoulos, Defender of Rights, France
- Free movement of EU workers – the situation, challenges and solutions. What will the Directive change? (Dr. Herwig Verschueren, University of Antwerp – Free University of Brussels (Vrije Universiteit Brussel))
- The work of the FRA on free movement and nationality-based discrimination (Gabriel Toggenburg, EU Agency for Fundamental Rights (FRA))
- The work of and cooperation with existing information and assistance services: SOLVIT (Damien Foizon and Katarzyna Plonowska, SOLVIT France)
SESSION 3 – The experience of equality bodies
Chair: Patrick Charlier, Equinet Board member, Interfederal Centre for Equal Opportunities, Belgium
- Experience, expectations and strategies – the role of equality bodies under the Directive
– Welcome to Estonia (Liisa Pakosta, Gender Equality and Equal Treatment Commissioner, Estonia)
– The role of the Defender of Rights under the Directive (Chrysoula Malisianou, Defender of Rights, France)
– Irish Human Rights and Equality Commission – Experience to date of Directive 2014/54/EU (Sinéad Lucey, Irish Human Rights and Equality Commission)
- Case studies from equality bodies on free movement and nationality-based discrimination – how to deal with these cases?
– Czech Republic (Veronika Bazalová, Public Defender of Rights)
– Romania (Madalina Rosu, National Council for Combating Discrimination)
– Belgium (Ina Vandenberghe, MYRIA, Federal Centre of Migrations)
CONCLUDING SESSION
- Anne Gaspard, Equinet Executive Director
Summary
Download the Conference Summary
Photographs
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| Equality bodies and the new Freedom of Movement Directive – Paris, Dec 2015 |
Reading Material: Equinet
Equality Bodies and Freedom of Movement (2015)
Reading Material: Defender of Rights
Suggestions of relevant documents (anoymized) illustrating the work of the Defender of Rights in the field of national based discrimination towards EU citizens and their family (there is also one case about reverse discrimination against non EU citizens). All of these documents are in French
**A- Employment
1. Decision of the former Halde, n°2009-139 of March 30 2009, concerning “closed jobs”
Déliberation no. 2009-139 du 30 mars 2009
2. Decision of the Defender of Rights n°MLD-2014-32 of March 27 2014, about the early discriminatory termination of a fixed-term contract of a commercial assistant due to the Romanian nationality of the claimant
Décision du Défenseur des droits no. MLD/2014-32
3. Reminding of the law (former Halde, March 24 2010) to the competent authority about a discriminatory French nationality requirement to complete an internship as a student doctor in a military hospital.
Lettre Réf: D2-CH-MA 2008-06180-001
4. Mail of inquiry (Defender of Rights, February 6 2015), about a French or German nationality requirement in order to be appointed as Director or Deputy Director of a scientific research center in Germany.
Lettre Réf: 15-000342/FP
**B- Access to housing and education
5. Decision of the Defender of Rights n°MLD-2015-13 of April 7 2015, on the subordination by an owner renting his apartment to a condition based in particular on the nation, the origin or the religion of the tenant
Décision du Défenseur des droits no. MLD-2015-13
6. Decision of the Defender of Rights n°MLD-2012-159 of November 21 2012, concerning reverse discrimination towards children of non EU parents regarding school registration
Décision du Défenseur des droits n0. MLD-2012-159
7. Decision of the Defender of Rights n°MDE-2015-299 of November 18 2015, related to difficulties encountered by parents of Romanian children from the Roma community for school registration.
Décision de saisine d’office du Défenseur des droits MDE-2015-299
**C-Access to social advantages
8. Reminding of the law (Defender of rights, November 27 2015) about discriminatory significant delays in the liquidation of pensions of EU Spanish citizens that don’t reside anymore in France (concerning more than 30 claimants).
Lettre Réf: 15-009271/P2S