New Legal Analysis: EU Directives on Standards for Equality Bodies

The Trust’s latest publication, Understanding the New EU Directives on Standards for Equality Bodies: Legal Digest, has been launched. Developed with and for Equinet – the European Network of Equality Bodies, the Digest is the first legal analysis of two European Directives on Standards for Equality Bodies which were adopted in May 2024. The Digest – together with a shorter Key Principles document derived from the detailed analysis – has been developed to support governments, legislators and equality bodies in their work to transpose and implement the new Directives.

In May 2024, two new European Union Directives were adopted, establishing a set of minimum standards for equality bodies. In July, Equinet – the association of Equality Bodies from across Europe, which led advocacy for the new standards – commissioned the Trust to undertake an independent legal analysis of the Directives.

Equality Bodies have a unique role in the effort to create equal societies. Like civil society organisations working with groups exposed to discrimination, they have a mandate to combat discrimination and promote equality, and they are independent of government, political actors and other influences. Unlike these organisations, Equality Bodies have a range of statutory powers and functions, and significant resources, provided by the state.

The new Directives set out – for the first time – requirements on states to guarantee the independence and ensure the effectiveness of these bodies in addressing and preventing discrimination and promoting equality. They have the potential to be transformative, if they are properly transposed and implemented. The Legal Digest and Key Principles document aim to support this process. 

The Legal Digest on Standards for Equality Bodies provides a detailed analysis of the Directives’ provisions, through a close assessment of the text of the Articles, read together with the recitals, preparatory materials and other existing legal instruments and authoritative recommendations. Covering the topics of purpose, mandate, independence, resources, powers and accessibility, the Digest identifies a set of key principles for understanding, transposing and implementing the Directives. A shorter Key Principles document, which distils the key principles identified through the analysis, was published in October. A Toolkit for Civil Society offering practical guidance and resources for equality organisations is currently being finalised.

The Legal Digest is currently available in English and may be accessed here.

The Key Principles document is available in both English and French and can be accessed here.

Each of these resources may be viewed in an accessible word document format by visiting the Equinet website and navigating to the relevant report page, or by clicking the above links.