24 Years On: How far have EU Anti-Discrimination laws come?
In 2000, the European Union adopted two landmark directives aimed at combating discrimination: the Racial Equality Directive (2000/43/EC) and the Employment Equality Directive (2000/78/EC). These directives marked a major turning point in EU anti-discrimination efforts, establishing minimum legal standards for protection against discrimination on grounds such as racial or ethnic origin, religion or belief, disability, age, and sexual orientation.
Since then, all 27 EU Member States have transposed the directives into national law. However, a new comparative analysis prepared by Isabelle Chopin and Catharina Germaine (MPG) for the European network of legal experts in gender equality and non-discrimination, shows that while transposition is formally complete, implementation and enforcement remain uneven across the EU.
Drawing on 27 national reports, the analysis provides a detailed picture of how the directives are being applied in practice. It highlights progress in some areas, such as broader legal protection in certain Member States, but also reveals persistent gaps, including:
- Legal gaps and unclear protections: Some national laws still exclude important aspects such as past or hypothetical comparators, jobseekers, or fail to clearly establish that lack of reasonable accommodation constitutes discrimination. Definitions of disability are often based on a medical, rather than human rights, approach.
- Inconsistent enforcement and access to justice: National courts do not always interpret the directives consistently, and case law remains limited in many countries. Barriers such as restrictive legal standing, limited collective redress, and unclear burden of proof rules continue to hinder effective access to justice.
- Weak sanctions and institutional limitations: Sanctions are not always effective, dissuasive, or proportionate, with compensation sometimes capped. Equality bodies play a central role, but many still face constraints due to insufficient resources, limited mandates, or lack of independence.
- Lack of recognition for intersectional discrimination: National laws rarely address multiple or intersectional forms of discrimination, even though this reflects the lived experiences of many victims.
The introduction of new EU directives establishing binding standards for equality bodies is a positive development that could help strengthen enforcement and support at the national level.
While formal equality has largely been achieved in legislation, the report stresses the need for more effective implementation, stronger institutional support, and improved legal clarity in order to reach substantive equality across the EU.
The report is based on information current as of 1 January 2024
Read the full report.
About the European network of legal experts in gender equality and non-discrimination
The European Network of legal experts in gender equality and non-discrimination was established in December 2014 and combines two previously existing networks: the European Network of Legal Experts in the Non-discrimination Field and the European Network of Legal Experts in the field of Gender Equality.
About the Migration Policy Group (MPG)
MPG is an independent think-and-do-tank based in Brussels. MPG’s purpose is rooted in its ability to inspire networks to provide evidence-based projects, research and campaigns in the areas of integration, migration and anti-discrimination.