The EU’s so-called equal treatment directive — intended to broaden protections against discrimination on reasons of religion or belief, disability, age or sexual orientation — has reached a dead end, several EU officials told EuroneWS.
Despite the progress of the European Parliament, first proposed by the European Commission in 2008, the anti-discrimination bill remains stagnant in the Council of Europe. Councils representing 27 EU member states have failed to reach consensus for years.
In February, EU executives removed the proposal from the 2025 work programme, blocking it, claiming “no further progress is unlikely.” The draft bill was added to those who would be withdrawn within six months, and encouraged the Polish presidency of the board to reach an agreement under time pressure, but to no avail.
“While a very large majority of delegations have long supported the directive (…), certain others have expressed concern and requested that it be related to the perceived lack of legal certainty, the division of capabilities, the impact of capabilities, particularly in terms of potential financial impacts, and the impact of compliance and proposals.”
According to an impact assessment by the European Parliamentary Research Service (EPRS), about three-quarters of EU citizens could benefit from the protection of the directive, but implementation costs remain “within acceptable limits.”
However, the three members of the Czech Republic, Germany and Italy still oppose the draft compromise text that requires unanimous support from all 27 countries before negotiations begin with parliament and committees that finalize the bill.
“In the absence of additional drafting proposals from member states with significant concern, the presidency could not propose a new compromise text,” reads another leaked document from the same date that Euronows saw.
The Equal Treatment Directive is scheduled to be discussed during a meeting of EU ministers in charge of social policy on Thursday. They will have policy debates on whether compromises are within reach and whether alternative proposals are needed.
The council’s six-month Polish presidency will close later this month, and while the Danish presidency will continue working on the files from July, some EU officials have argued that it is highly “impossible” to reach an agreement.
EU diplomats described the pursuit of compromise as “troubling,” pointing to the committee’s continued interest in withdrawing the proposal.
Instead, the committee plans to focus on non-legal initiatives in 2025, including those already announced. The roadmap for women’s rights And future strategies on LGBTIQ rights and anti-racism – a change that has attracted criticism from NGOs and civil society organizations.
“The roadmap is not a law. They are enforceable, unprotected political statements,” argued Julie Pascoye, policy manager for the European network, against racism.Enar).
“For these strategies to be effective, the EU must use them to highlight the urgent need for stronger laws and concrete actions,” Pascoye added.
The 2008 Anti-Discrimination Bill aims to bridge significant protection gaps in areas such as social protection (including social security and healthcare), education and access to goods and services, including housing.
“It is very unfortunate that the Commission is moving in line with the global political trends towards equality policy, but the unacceptable fact is that a small number of countries led by Germany have adopted the adoption of the directive for 17 years,” Alejandro Moredo, deputy director of the European Forum of Disability, told EuroNews.
According to the latest EU survey, over half of respondents said there was widespread discrimination in their country based on Rome (65%), skin color (61%), ethnic origin (60%), gender identity (trans – 57%), or sexual orientation (54%).
