Informujemy, że Państwa dane osobowe są przetwarzane przez Fundację Instytut na Rzecz Kultury Prawnej Ordo Iuris z siedzibą w Warszawie przy ul. Górnośląskiej 20/6, kod pocztowy 00-484 (administrator danych) w celu informowania o realizacji działań statutowych, w tym do informowania o organizowanych akcjach społecznych. Podanie danych jest dobrowolne. Informujemy, że przysługuje Państwu prawo dostępu do treści swoich danych i możliwości ich poprawiania.
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Problems of equality bodies can be solved by sovereign states. Ordo Iuris opinion for the European Commission

Published: 02.02.2023

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· The Ordo Iuris Institute has submitted an opinion to the European Commission on a draft directive introducing binding standards related to the organization and powers of equality bodies.

· The Commission's initiative is a response to problems reported by equality bodies with a lack of resources and competencies that prevent them from fulfilling their missions. 

· In Poland, these tasks are entrusted to the Ombudsman for Civil Rights and the Government Plenipotentiary for Equal Treatment. 

· In its opinion, Ordo Iuris points out that there is no need for strict minimum standards for equality bodies.

· The Institute also argues that regulations related to equality bodies should take into account the diversity of legal traditions in the member states, and that the problems faced by these bodies can be effectively resolved at the national level.

In October last year, the Ordo Iuris Institute reported that the European Commission was working on a draft directive that would introduce binding standards for EU member states on how so-called "equality bodies" function, organize and have jurisdiction. In December, the EC published a draft directive, which will be adopted and forwarded to the Council for further work after the end of the opinion period. The Ordo Iuris Institute, which is monitoring the legislative process of this initiative, has also sent the Commission its position on the regulations contained in the draft. 

EU directives already require all EU member states to have designated equality bodies tasked with promoting equal treatment. Equality bodies are tasked with promoting equal treatment by assisting victims of discrimination, conducting independent research, publishing independent reports, or making recommendations. In Poland, these tasks are entrusted to the Ombudsman for Civil Rights and the Government Plenipotentiary for Equal Treatment.

What worries the EC is the challenges associated with the functioning of these bodies, as their mandate, powers, status, independence, resources and effectiveness are different in different EU countries. The EC's stated goal is to strengthen the equality bodies by establishing minimum standards for how they operate in all aspects of discrimination and areas covered by EU equality legislation. The initiative is largely a response to calls made by the equality bodies themselves, who are sounding the alarm about the lack of financial and human resources, which prevents them from carrying out their assigned tasks. 

Ordo Iuris points out in the opinion that the key to the proper functioning of such bodies are indeed adequate resources (human and financial) and powers (access to data). However, at the EU level, it seems sufficient to oblige member states to regulate issues relevant to the possibility of proper functioning of equality bodies in legislation at the national level

"These issues regulated at the EU level would indeed guarantee certain minimum standards, but it can be questioned whether such central EU regulations are actually necessary. The fact that today different EU member states have diverse and specific regulations, and thus tailored to the prevailing culture, customs and needs in the country, does not necessarily mean that this is inappropriate. Rather, one can assume just the opposite - such an individualized approach in regulation is beneficial in principle. The practical problems encountered by equality bodies in their activities can be successfully solved on the basis of national law. Possible EU regulations should be kept to a minimum, playing only a motivating role towards the state to introduce appropriate regulations" - Anna Kubacka of the Ordo Iuris Center for International Law commented.

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