Directive 2000/78 / EC (Equal Treatment Framework Directive)

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Directive 2000/78 / EC

Title: Council Directive 2000/78 / EC of November 27, 2000 establishing a general framework for equal treatment in employment and occupation
Designation:
(not official) 		Equal Treatment Framework Directive
Date of issue: November 27, 2000
Release date: December 2, 2000
Come into effect: December 2, 2000
To be used from: December 2, 2003
Full text Consolidated version (not official)
basic version
Regulation has entered into force and is applicable.
Please note the information on the current version of legal acts of the European Union !

The Council Directive 2000/78 / EC Directive of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ. EC no. L 303, p 16), shortly Equality Directive is a Directive of the Council , the establishes a general framework for realizing equal treatment in employment and occupation . It is one of the core elements of the European Union's gender equality policy .

content

The guideline is divided into the following four chapters:

  • First Chapter: General Provisions
  • Chapter Two: Remedies and Enforcement
  • Third chapter: special provisions
  • Fourth chapter: final provisions

According to the general provisions, the directive applies to all persons in public and private areas, including public bodies. The central aspect is the obligation of the EU Member States to create a general framework for combating discrimination based on religion or belief, disability, age or sexual orientation in employment and occupation with a view to realizing the principle of equal treatment . “Principle of equal treatment” means that there must be no direct or indirect discrimination on the grounds mentioned.

Unequal treatment can only be justified if the relevant characteristic represents an essential and decisive professional requirement due to the nature of a specific professional activity or the conditions in which it is carried out. In particular, unequal treatment because of the religion or belief of a person is Article 4 (2) of the Directive does not constitute discrimination unless the religion or belief of that person is an essential, lawful and justifiable professional requirement in the light of the ethos of the organization, given the nature of those activities or the circumstances in which they are carried out. The German labor law of the churches then experienced various restrictions due to the case law of the European Court of Justice .

The relief should by reinforcing the claims on the legal be improved or by arbitration. The burden of proof in related court cases is reversed in favor of persons who consider themselves violated by the non-application of the principle of equal treatment. In addition, the protection of the victims against reprisals , especially against dismissal, and the guarantee of adequate information of the educational and vocational training institutions and companies about the provisions of the adopted directive is provided.

Special provisions apply to the employment of police and teaching staff in Northern Ireland with regard to the religious conflict.

The directive came into force on December 2, 2000 and should be implemented by December 2, 2003.

National implementations

Implementation had to take place by December 2, 2003. The implementation period could be extended by three years. In addition, an obligation on Member States, all information that this one the European Parliament and the Council submitted the report on the application of the directive needed to create, which consisted Commission to transmit. In addition, the directive contains a “non-regression clause” as a minimum requirement for those states that have already set more extensive provisions for themselves, and the requirement to repeal national legislation that contradicts this directive.

Germany

Germany implemented the directive through the law for the implementation of European directives for the implementation of the principle of equal treatment of August 4, 2006. This law also served to implement Council Directive 2000/43 / EC of June 29, 2000 on the application of the principle of equal treatment regardless of race or ethnic origin, and Directive 2002/73 / EC of the European Parliament and of the Council of September 23 2002 on the implementation of the principle of equal treatment for men and women with regard to access to employment, vocational training and career advancement as well as with regard to working conditions and Directive 2004/113 / EC (“fourth gender equality directive ”).

The most important part of the Implementation Act is the General Equal Treatment Act (AGG).

Austria

Austria has incorporated this guideline into its federal law on equal treatment (GlBG), as well as the federal (B-GlBG) and state equal treatment laws for public administration as employers, which apply to all areas of anti-discrimination .

Web links

Individual evidence

  1. ↑ Equal treatment in employment and occupation EUR-Lex , June 27, 2014
  2. ↑ Federal Law Gazette I, p. 1897
  3. ↑ Directive 2000/43 / EC . In: OJ. No. L 180 of July 19, 2000.
  4. ↑ Directive 2002/73 / EC . In: OJ. No. L 269 of October 5, 2002.