The Parliament of Rights

Although European protection from discrimination enjoys a broad legal basis in the Treaties and in the Charter of Fundamental Rights equivalent to the Treaties as well as in the approved directives, the issue of the so-called horizontal Directive 2008/0140(APP) has not yet been resolved.

Since the LIBE Parliamentary Committee presented the report to the plenary assembly in March 2019, the discussion has not come to an agreement.

The lively debate in plenary that immediately followed highlighted the differences between MEPs and political groups. Some expressed support for the directive, highlighting the need for higher standards of protection against discrimination, while others expressed concern about the increase in costs for public administrations, while others claimed alleged risks for religious freedom.

Eventually, however, the European Parliament expressed its generally positive opinion on the directive in a resolution adopted on 2 April 2009.

The horizontal directive was instead blocked by the Council which since then has seen opposition from seven member countries, including Germany. While recognising the importance of the fight against discrimination of all kinds, some states have questioned the need for the proposal, arguing that the directive violates the national competences of member countries and does not respect the principles of subsidiarity and proportionality.

In 2012 a hearing was held at the LIBE Committee in which some important NGOs were invited to suggest how to solve the problem of the horizontal directive blocked in the Council.

In her speech at the 2014 plenary, ALDE MEP Sophie in't Veld harshly criticises the political stalemate that prevents the approval of the directive she had been shadow rapporteur for.