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Interpretation of the burden of proof provisions: Bulgarian body addresses a request for a preliminary ruling to CJEU

September 13th 2011

The request for a preliminary ruling to the CJEU refers to the nterpretation of the burden of proof provisions and the discrimination definitions under Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin

The request for a preliminary ruling to the CJEU refers to the nterpretation of the burden of proof provisions and the discrimination definitions under Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin.

The Commission for Protection against Discrimination (CPD) addressed its first request for a preliminary ruling to the Court of Justice of the European Union concerning the interpretation of the burden of proof provisions and the discrimination definitions under Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin.

The replies to the questions, although set in the context of a certain legal proceedings, will be of paramount importance as principal guidance for the development of domestic discrimination case-law in general – on one hand, in relation to CPD powers as a national jurisdiction to address references for preliminary rulings to the Court of Justice of the European Union for interpretation of EU Treaties and law. On the other hand, the reply of the CJEU will contribute to eliminate some significant practical challenges in the protection against discrimination proceedings, in relation to sharing and shifting the burden of proof and application of definitions of discrimination.

For further information, read the full press release here