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The European Union Race Directive

The European Union Race Directive. attorney Lilla Farkas LLM. Definitions. direct discrimination indirect discrimination harassment instruction to discriminate victimisation. Direct discrimination.

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The European Union Race Directive

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  1. The European Union Race Directive attorney Lilla Farkas LLM

  2. Definitions • direct discrimination • indirect discrimination • harassment • instruction to discriminate • victimisation

  3. Direct discrimination • one person is treated less favourably than another is, has been or would be treated in a comparable situation on grounds of racial or ethnic origin

  4. Indirect discrimination • an apparently neutral provision, criterion or practice would put persons of a racial origin at a particular disadvantage compared with other persons, unless objective justification can be demonstrated

  5. Harassment • an unwanted conduct related to racial or ethnic origin takes place with the purpose or effect of violating human dignity, creating hostile environment, etc.

  6. Victimisation • adverse treatment or consequence as a reaction to a complaint or to proceedings aimed at enforcing compliance with the principle of equal treatment

  7. Burden of proof • ECJ case law on indirect sex discrimination • Directive 97/80/EC - sex discrim – contemporaneous comparator (disadvantages) • perceived or self identification – visible minorities

  8. Sanctions • Article 15 RD: effective, proportionate, dissuasive • criminal • civil: may be compensation –– exemplary damages? • administrative

  9. Enforcement • Article 13 RD: agency model reports, recommendations, assistance of victims • individual justice model • equality as participation

  10. Effect in domestic law • TEC Article 249 • binding on Member States as to results to be achaived – methods to be selected domestically

  11. Incorrect transposition • TEC Article 226 • infringement procedure – Commission may bring MS not in compliance with RD before ECJ

  12. Incorrect transposition • TEC Article 234 - preliminary referrals • any court may refer case to ECJ for interpretation of RD • if no remedy against decision of given court, referral is compulsory

  13. Incorrect transposition • Marleasing principle: domestic courts’ obligation to interpret domestic law in compliance with community legislation • Francovich claim: confer individual rights, sufficiently serious breach, causal link b/w state’s failure and damage suffered

  14. Scope • Private and public • employment • social protection (health care) • social advantages • education • access to services (police – racial profiling)

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