EU legislation combating racial or ethnic discrimination

Report on the Racial Equality and the Employment Equality Directives

On 19 March 2021, shortly before the International Day for the Elimination of Racial Discrimination on 21 March, the Commission adopted its third report on the application of the Racial Equality Directive (Directive 2000/43/EC) and the Employment Equality Directive (Directive 2000/78/EC). 

The report highlights good practices in the implementation of the Directives and draws attention to important developments in the case law of the CJEU. It also shows particular challenges, such as a fear of reporting incidents of discrimination, low and diverging levels of compensation issued at national level, difficulties in proving a case of discrimination and little awareness of rights and support mechanisms.

The report identifies possible avenues for follow-up, including strengthening the role of equality bodies, supporting Member States in monitoring the application of the Directives including on ensuring adequate sanctions, and encouraging equality data collection.

Study on sanctions for discrimination on racial/ethnic/religious grounds

To help Member States improve the enforcement of non-discrimination rules on racial, ethnic and religious grounds, the Commission requested a study analysing the legislation and practice on sanctions in all EU Member States.

Key findings show that low and symbolic sanctions for discrimination weaken legal protection and long-term prevention of discrimination. Systems remain outdated, while high legal costs continue to limit access to justice. Preventive or socio-preventive structural measures, such as desegregation plans and mandatory training for perpetrators, are often lacking.

The study highlighted the importance of increasing the amounts or ranges of sanctions. Systemic measures to deter future discrimination strengthen the protection against discrimination. The study emphasises that sanctions imposed should fully repair harm to victims and promote long-term solutions. Successful enforcement of sanctions is essential, as is strengthening the strategic capacity of lawyers and civil society to advocate for effective remedies.

The research uncovered a wealth of good practices across EU Member States that need to be disseminated. The study is accompanied by a comprehensive guide to good practice, providing tailored advice for legislators, equality bodies, courts, practitioners, civil society and victims. Implementing these ideas can ensure more effective sanctions against discrimination and make a significant contribution to building a true 'Union of Equality'.
 

Study on possible gaps in the legal protection against discrimination on grounds of racial or ethnic origin’ 

In 2022, the Commission published a study on possible legal and non-legal gaps in protection against racial or ethnic discrimination which gathered data on the areas where incidents of discrimination materialise, including where law enforcement authorities are involved. The study identified stop and search activities and the use of force by the police as areas where discrimination was perceived to occur. It advocates for further evidence-gathering and the promotion of good practices in this area, which falls within the competences of Member States.