The European Union’s Equal Treatment directive, which aims to enhance protections against discrimination based on religion, disability, age, and sexual orientation, has reached an impasse, as revealed by multiple EU officials. Originally proposed by the European Commission in 2008, this ambitious anti-discrimination bill has faced persistent roadblocks within the European Council, representing the 27 EU member states, despite the European Parliament’s support for its progress. The Council has struggled to form a consensus, leading the EU executive to exclude the directive from its 2025 work program, citing that further progress appears unlikely. Consequently, the proposal has been listed for withdrawal, highlighting the obstacles that have impeded its advancement.
Concerns regarding the directive have been voiced by several member states, particularly focusing on issues related to legal certainty, the division of competences, and financial implications. While assessments from the European Parliament Research Service indicate that approximately three-quarters of EU citizens could benefit from the directive’s protections and that the implementation costs are manageable, three states—Czechia, Germany, and Italy—continue to resist the draft compromise text. The lack of unanimous support prevents any negotiations with the Parliament and Commission from progressing, thus stalling the initiative further.
Anticipation surrounds an upcoming meeting of EU ministers responsible for social policy, where a policy debate will assess the potential for compromise or the need for alternative proposals. Given that the Polish presidency of the Council concludes later this month, the incoming Danish presidency is set to continue the work but many officials remain skeptical about the feasibility of reaching an agreement in the near term. One EU diplomat described ongoing negotiations as “thorny” and suggested that the Commission might withdraw the proposal entirely, a sentiment echoed by a few member states.
In light of these developments, the Commission is shifting its focus toward non-legislative initiatives in 2025, which include a roadmap on women’s rights and forthcoming strategies addressing LGBTIQ rights and anti-racism. However, this shift has drawn criticism from various NGOs and civil society organizations, which argue that such roadmaps lack the enforceability of laws. Julie Pascoët from the European Network Against Racism emphasized that for these strategies to be effective, the EU must leverage them to advocate for stronger legislation and tangible actions.
The original anti-discrimination bill proposed in 2008 sought to bridge significant gaps in protections across essential societal sectors, including social security, healthcare, education, and access to goods and services such as housing. Alejandro Moledo from the European Disability Forum expressed disappointment in the political trend undermining equality initiatives and pointedly criticized Germany and a small group of other countries for obstructing the directive’s adoption for nearly two decades. This ongoing resistance raises serious concerns regarding the EU’s commitment to equality and the safeguarding of fundamental rights.
Recent EU surveys reveal that a majority of respondents perceive widespread discrimination based on various factors, signaling an urgent need for effective legislative reform. Issues such as discrimination against Roma communities, people of color, and those identifying as part of the LGBTIQ community highlight the necessity for protective measures. The stalling of the Equal Treatment directive underscores not just a legislative failure but a broader struggle within the EU to address and combat systemic discrimination across its member states.
