DISCRIMINATION/RACISM : ELEVEN MEMBER STATES OUT OF LINE.

The European Commission decided on 4 April to send a series of letters of formal notice to 11 member states (Denmark, Belgium, Spain, France, Greece, Ireland, Portugal, Italy, the Netherlands, Sweden and the United Kingdom) for inadequate application or transposition of rules against discrimination outlined in a Directive adopted in 2000 (1).

The Commission has identified infringements in six areas: poor definitions of direct or indirect discrimination and of harassment, too many exceptions to the principle of a ban on discrimination, incompleteness of scope of transposition measures, poor definition of the burden of proof, limits imposed on compensation for victims of discrimination, limits on the right of interested parties to take action to defend victims of discrimination.

Four member states (Germany, Austria, Finland and Luxembourg) have already been condemned by the European Court of Justice for failing to notify measures transposing the Directive. Whilst proceedings against Finland have been closed (they concerned the Aaland Islands), the Commission has launched further proceedings against the other three which may eventually lead to the imposition of penalties (article 228 of the Treaty).

(1) the...