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2 - Article 13 EC, evolution and current contexts

Published online by Cambridge University Press:  22 August 2009

Robin Allen Qc
Affiliation:
Advocate and adviser specialising in equality and non-discrimination law Europe
Helen Meenan
Affiliation:
Kingston University, Surrey
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Summary

Introduction

Amongst the most exciting of the new possibilities in the Amsterdam Treaty is the provision enabling European legislation to be made in relation to equality and non-discrimination. This provision is contained in Article 13 EC, which as then agreed, stated:

Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

It was clear from the outset that action under Article 13 depended for its content on proposals from the European Commission. As soon as the Amsterdam Treaty was agreed the Commission began to mull this over. There was time to do this. Although the Amsterdam Treaty was signed by the high representatives on 2 October 1997 it required ratification by each Member State to come into effect. This was not concluded until 1 May 1999, and the hiatus provided a useful opportunity for some preliminary consideration as to the effect that would be given to it. For this purpose the Commission held a major conference over 3 and 4 December 1998 to discuss what could and should be done with Article 13.

Type
Chapter
Information
Equality Law in an Enlarged European Union
Understanding the Article 13 Directives
, pp. 38 - 72
Publisher: Cambridge University Press
Print publication year: 2007

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