Malta faces EU rap over employment equality
The European Commission recently initiated the second step in EU infringement procedures by sending reasoned opinions to 11 member states, one of which is Malta, to fully implement EU rules prohibiting discrimination in employment and occupation. The...
The European Commission recently initiated the second step in EU infringement procedures by sending reasoned opinions to 11 member states, one of which is Malta, to fully implement EU rules prohibiting discrimination in employment and occupation. The countries concerned have two months to respond, failing which the Commission can decide to take them to the European Court of Justice (ECJ).
The Employment Equality Directive was agreed in 2000 with a deadline for implementation into national law of December 2003 (May 1, 2004 for the 10 new member states).
Since the 1950s, the EU has been at the forefront in upholding employment equality rights which today form an integral part of all EU policies. Initially the focus of EU action was on preventing discrimination on the grounds of nationality and gender discrimination.
In 1997, however, the member states approved the Treaty of Amsterdam which introduced new powers to combat discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Since then, the European Commission has been quite active in promoting and enforcing equal opportunities for all, principally through the Racial Equality Directive (2000/43/EC) and the Employment Equality Directive (2000/78/EC). Additionally, in order to promote equality in the EU, 2007 was designated the Year of Equal Opportunities for All.
The Employment Equality Directive prohibits discrimination on grounds of religion and belief, age, disability and sexual orientation. It covers the fields of employment and occupation, vocational training and membership of employer and employee organisations. The directive sets out minimum requirements, with member states having the option of implementing a higher level of protection against discrimination in their national legislation. All EU member states have now transposed the directive into national law. However, the European Commission still continues to monitor whether national legislation in the member states correctly reflects the requirements of the directive.
The main problem areas pinpointed by the European Commission in the 11 countries that have failed to fully implement the directive include: national legislation being limited in terms of the people and areas it covers; definitions of discrimination which diverge from the directive; and inconsistencies in the provisions designed to help victims of discrimination. In the case of Malta, two main matters have been identified by the Commission as potentially infringing EU law.
The first is that the ban on discrimination does not cover access to self-employment or occupation. The second concerns protection against victimisation in the public sector which at present does not cover discrimination on grounds of age or sexual orientation.
As things stand today, a lot has already been done by the member states, especially in the new EU member states, to ensure that there are equal employment rights for all. However, clearly there is still work to be done.
For instance, a week before the Commission started infringement procedures, Equal Opportunities Commissioner VladimÃr Å pidla presented the fifth annual report on gender equality. The report, which is the first to cover the EU27, points out that "major challenges remain" in particular to "boost the qualitative aspect of equality".
The report points out that regarding the employment rate of women, significant differences exist at national level across the EU. In Malta, it was only 34.9 per cent compared to more than 70 per cent in Sweden and Denmark. On the other hand, Malta had the smallest differences when it comes to the pay gap (3 per cent) followed by Belgium (7 per cent) and Slovenia (8 per cent).The biggest differences are found in three of the newest EU member states, Estonia (25 per cent), Cyprus and Slovakia, followed by Denmark, the UK, Finland and Austria (all 20 per cent or more). The EU average is of 15 per cent difference.
Undoubtedly, equal treatment in employment is of utmost importance in order for individuals to have a fair chance of contributing to the economy and at the same participating in social life. EU directives cannot reach their full potential if they are not fully and correctly transposed into national laws.
If a person feels that he/she has been discriminated against on one of the grounds mentioned in the Employment Equality Directive, they can take their case before the national courts. Should the particular member state have not fully - or correctly - implemented the said directive, the concerned individual will have to wait for a set of legislative procedures, potentially involving the ECJ, to rectify the situation.
In order to limit this occurence, the European Commission is preparing a report on the implementation of the Employment Equality Directive in the EU, which is due to be published in the first half of 2008.
Mr Cuschieri is an executive at Impetus Europe Consulting Group Ltd.
The Employment Equality Directive was agreed in 2000 with a deadline for implementation into national law of December 2003 (May 1, 2004 for the 10 new member states).
Since the 1950s, the EU has been at the forefront in upholding employment equality rights which today form an integral part of all EU policies. Initially the focus of EU action was on preventing discrimination on the grounds of nationality and gender discrimination.
In 1997, however, the member states approved the Treaty of Amsterdam which introduced new powers to combat discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Since then, the European Commission has been quite active in promoting and enforcing equal opportunities for all, principally through the Racial Equality Directive (2000/43/EC) and the Employment Equality Directive (2000/78/EC). Additionally, in order to promote equality in the EU, 2007 was designated the Year of Equal Opportunities for All.
The Employment Equality Directive prohibits discrimination on grounds of religion and belief, age, disability and sexual orientation. It covers the fields of employment and occupation, vocational training and membership of employer and employee organisations. The directive sets out minimum requirements, with member states having the option of implementing a higher level of protection against discrimination in their national legislation. All EU member states have now transposed the directive into national law. However, the European Commission still continues to monitor whether national legislation in the member states correctly reflects the requirements of the directive.
The main problem areas pinpointed by the European Commission in the 11 countries that have failed to fully implement the directive include: national legislation being limited in terms of the people and areas it covers; definitions of discrimination which diverge from the directive; and inconsistencies in the provisions designed to help victims of discrimination. In the case of Malta, two main matters have been identified by the Commission as potentially infringing EU law.
The first is that the ban on discrimination does not cover access to self-employment or occupation. The second concerns protection against victimisation in the public sector which at present does not cover discrimination on grounds of age or sexual orientation.
As things stand today, a lot has already been done by the member states, especially in the new EU member states, to ensure that there are equal employment rights for all. However, clearly there is still work to be done.
For instance, a week before the Commission started infringement procedures, Equal Opportunities Commissioner VladimÃr Å pidla presented the fifth annual report on gender equality. The report, which is the first to cover the EU27, points out that "major challenges remain" in particular to "boost the qualitative aspect of equality".
The report points out that regarding the employment rate of women, significant differences exist at national level across the EU. In Malta, it was only 34.9 per cent compared to more than 70 per cent in Sweden and Denmark. On the other hand, Malta had the smallest differences when it comes to the pay gap (3 per cent) followed by Belgium (7 per cent) and Slovenia (8 per cent).The biggest differences are found in three of the newest EU member states, Estonia (25 per cent), Cyprus and Slovakia, followed by Denmark, the UK, Finland and Austria (all 20 per cent or more). The EU average is of 15 per cent difference.
Undoubtedly, equal treatment in employment is of utmost importance in order for individuals to have a fair chance of contributing to the economy and at the same participating in social life. EU directives cannot reach their full potential if they are not fully and correctly transposed into national laws.
If a person feels that he/she has been discriminated against on one of the grounds mentioned in the Employment Equality Directive, they can take their case before the national courts. Should the particular member state have not fully - or correctly - implemented the said directive, the concerned individual will have to wait for a set of legislative procedures, potentially involving the ECJ, to rectify the situation.
In order to limit this occurence, the European Commission is preparing a report on the implementation of the Employment Equality Directive in the EU, which is due to be published in the first half of 2008.
Mr Cuschieri is an executive at Impetus Europe Consulting Group Ltd.