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Update on the draft horizontal directive
4 June 2010
Update on the discussions on the draft horizontal directive under the Spanish Presidency.
On the basis of a progress report (9535/10 and 9535/10 COR 1), the presidency briefed the Council on the state of play in the discussions on the draft directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation.
The Spanish presidency made a series of drafting suggestions concerning the scope of the directive, the division of competences between the EU and the member states, and the disability provisions. More specifically, the presidency's suggestions are, inter alia, intended to bring the text into line with the Treaty on the Functioning of the European Union, to better define the concept of discrimination, to clarify the scope of the directive and to spell out the disability provisions more precisely. Despite some progress, further discussions are needed on numerous issues. These include the division of competences between the member states and the EU, the specific provisions on disabilities (e.g. the scope of the directive, its financial and practical implications and the interrelationship between the directive and more detailed sectoral specifications), the implementation calendar and the issues of legal certainty.
The Commission's proposal (11531/08) seeks to extend the protection against discrimination on the grounds of religion or belief, disability, age or sexual orientation to areas outside the labour market (e.g. social protection, including social security and healthcare; social advantages; education; and access to goods and services, including housing).
Legal basis: Article 19 (on measures against discrimination) of the Treaty on the Functioning of the European Union; unanimity required for a Council decision, following the consent of the European Parliament.
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