Bashy Quraishy
Secretary General – European Muslim Initiative for Social Cohesion
Thierry Valle Chair – CAP Freedom of Conscience
The European continent went through years of conflicts and disturbances before the very destructive first and second world wars. These calamities made some visionary European leaders realize that to have peace and development after the WW2, cooperation and trade was necessary. Thus the “Treaties of Rome” were signed in Rome on 25th March 1957, which are considered as the foundation acts of the European Community.
The signing of the Rome Treaty eventually resulted in the establishment of EC and later EU. However, in the Rome Treaty, there was almost nothing concrete about the protection of worker’s rights or anti-discrimination laws on European level. But one of the major benefits of the movement towards the European Union has been the increased protection of workers and anti-discrimination laws. This happened because of pressure from trade unions and strong anti-racist movemenst of the 90ies. The inclusion of a non-discrimination clause called; Article 13 in the 1997 Amsterdam Treaty was a turning point. The introduction of a clause of this nature into the Treaty signified an enormous step forward for all those fighting for the elimination of discrimination or for equality of treatment in various areas.
That followed with the Employment Equality Directive, the Race Equality Directive – both in 2000 and other anti-discrimination directives as well as the establishment of ENAR, Fundamental Rights Agency, Equality Bodies as well as a renewed hope for a comprehensive directive in later stages. That came in 2008, when the European Commission presented a proposal for a Council directive on implementing the principle of equal treatment outside the labour market, irrespective of age, disability, sexual orientation or religious belief, which aimed at extending protection against discrimination through a horizontal approach.
But after 17 years of stagnation, the European Commission (EC) decided to withdraw the Equal Treatment Directive proposal, a key piece of legislation aimed at closing critical gaps in European anti-discrimination law. The reasons behind this decision are complex and multifaceted, but we can sum up the situation this way:
Lack of consensus among Member States
The proposal has been blocked by the Council of the European Union since 2008 due to a lack of unanimity among member states, especially Germany. Despite repeated efforts by various presidencies to reach a compromise, no agreement could be reached. The EC likely concluded that further progress was unlikely given the entrenched positions of some member states.
Political climate and priorities
The current political climate in Europe, with the rise of far-right movements and increasing polarization, may have influenced the EC’s decision. The Commission might have prioritized other legislative initiatives that it deemed more feasible or politically urgent. Additionally, the decision to withdraw the directive could be seen as a strategic move to avoid further delays and to focus on areas where progress is more likely.
Resource allocation and work programme
The EC’s 2025 Work Programme indicated that the proposal was withdrawn due to the lack of foreseeable agreement and the likelihood of further stagnation. The Commission may have decided to allocate its resources to other initiatives that have a higher chance of success and alignment with its current priorities.
To make matters worse, the withdrawal of the directive leaves significant gaps in legal protection for marginalized communities, including young people, older persons, LGBTIQ+ individuals, persons with disabilities, and those facing discrimination based on religion or belief. This decision has been seen as a betrayal of the EU’s fundamental values and its commitment to building a “Union of Equality.
Criticism and Civil Society Reaction
The decision has been met with strong criticism from civil society organizations, MEPs, and advocacy groups, who argue that it severely undermines the EU’s commitment to fundamental rights and equality. These groups have expressed disappointment and called for the EC to reconsider its decision or propose alternative measures to address discrimination.
What can be the next steps?
The withdrawal of the Equal Treatment Directive proposal by the European Commission has sparked significant concern and calls for immediate action to address the gaps in anti-discrimination law. The next steps will be crucial in determining whether the EU can maintain its role as a leader in human rights and equality. The commitment to developing and implementing comprehensive anti-discrimination legislation, along with meaningful consultation and collaboration, will be essential in closing the gaps in legal protections for marginalized communities.
Here are some potential next steps and commitments that could be crucial in determining the future of equality in Europe:
1. Reconsideration of the Withdrawal
Civil society organizations and MEPs are urging the European Commission to reconsider its decision to withdraw the Equal Treatment Directive. This would involve a re-evaluation of the directive’s importance and the potential for renewed efforts to reach consensus among member states.
2. Development of a New Legislative Proposal
If the withdrawal proceeds, the Commission is being called upon to immediately propose a more robust and comprehensive legislative proposal that takes an intersectional approach. This new proposal should address the compounded impact of multiple forms of discrimination and ensure comprehensive protection outside the labour market.
3. Consultation and Collaboration
The Commission is urged to engage in meaningful consultation with the European Parliament, civil society, Equality Bodies, and EU citizens to determine the necessary actions to achieve true equality. This collaborative approach would help in developing legislation that reflects the diverse needs of marginalized communities.
4. Strengthening Existing Strategies
The Commission can use its upcoming roadmap on women’s rights, as well as the LGBTIQ+ rights and anti-racism strategies, to highlight the urgent need for stronger legislation and concrete action. These strategies should lay the groundwork for bold, intersectional policies that address structural inequalities.
5. Public Hearings and Accountability
Civil society organizations are calling for the European Parliament to hold a public hearing with the European Commission on the decision and future steps to ensure protection against discrimination for all people living in the EU. This would provide an opportunity for transparency and accountability.
6. Member State Responsibility
Member states, particularly those that have historically opposed the directive, are urged to come to an agreement before the proposal is withdrawn. This would require political will and compromise to ensure that the EU maintains its commitment to equality.
7. Civil Society Advocacy
Organizations such as the European Network Against Racism (ENAR) and the European Disability Forum (EDF) are committed to continuing their advocacy efforts. They plan to develop new legal frameworks and strengthen cooperation between institutions and civil society to push for comprehensive anti-discrimination laws.
No matter, how we look at it, this withdrawal would have an impact on Marginalized Communities. It also reflects the challenges of achieving consensus on sensitive issues within the EU. While the reasons for the withdrawal are rooted in political and procedural complexities, the decision has significant implications for the protection of fundamental rights and the EU’s credibility as a leader in human rights. The EC’s next steps and its commitment to addressing these gaps in anti-discrimination law will be crucial in determining the future of equality in Europe.
———-
First published in this link of The European Times.
