Equality employment complains to EU Commission 2014-07.2019YTD

DOC:BRUSSELS,17.1.2014, COM(2014)2 FINAL{SWD(2014)5 FINAL} in State of Transposition and Infringement Procedures 2nd para: ‘The Commission receives a number of complaints every year concerning these Directives(around 20-30 on average)”

-Racial Equality Directive and Employment Equality Directive.

Ref. Ares(2019)6482882 – 21/10/2019

The letter in the last column in the list shows the grounds why the Commission rejected the complaint. The letters refer to the following explanation:

– Individual case (A): As pointed out in the Communication from the Commission on ‘EU law: Better results through better application’ (C/2016/8600), certain categories of cases can often be satisfactorily dealt with by other, more appropriate mechanisms at EU and national level. This applies in particular to individual cases of incorrect application not raising issues of wider principle, where there is insufficient evidence of a general practice, of a problem of compliance of national legislation with EU law or of a systematic failure to comply with EU law. In such cases, if there is effective legal protection available, the Commission will, as a general rule, direct complainants in this context to the national level.

– Out of scope (B): The Employment Equality Directive prohibits discrimination based on certain exhaustively enumerated grounds in the fields of employment and occupation. Complaints based on facts which occurred before the expiry of the transposition deadline or relating to areas such as national procedural law and the administration of justice, or based on other grounds such as political opinions, etc. are examples that are not covered by the scope of the Directive. Complaints on these grounds have therefore been rejected.

– Correct transposition (C): The subject-matter of the complaint falls within the Directive’s scope and it is not an individual case, but the national provisions complained of do not amount to an incorrect transposition of the Employment Equality Directive.

– Insufficient information (D): The matter of the complaint is covered by the Directive but there is not sufficient information or evidence to prove a violation of EU law by the Member States.


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