Migrants, minorities and legislation

Foreword This study comprises a unique collection of material on anti-discrimination legislation and case law in the European Union in 2003. Referring to the year when the EU Council Directive on Racial Equality (along with the Employment Equality Directive) was due to be transposed, this study presents a comparative analysis of existing and developing legal measures and remedies against discrimination of migrants and ethnic minorities. Thus, this study focuses on how different Member States approach the implementation of the Racial Equality Directive by either adapting current legislation or establishing new separate laws. On the other hand, an overview of existing non-discrimination legislation across the EU shows up to which degree anti-discrimination, anti-racism or general equality provisions have already been part of the Member Statesu0092 constitutions or specific laws. In addition, the study also highlights exemplary court cases and complaints concerning discrimination, and finishes with selected recommendations for the EU and its Member States. Legislationu0097be it civil, administrative or penal lawu0097builds the foundation of every action and policy against discrimination. In transposing the Council Directives 2000/43/EC and 2000/78/EC Member States use a variety of methods, legal provisions and legal wording. Whereas some countriesu0092 status quo has demanded only minor amendments to comply with the Directives, it is clear that in countries lacking a history of strong anti-discrimination legislation the two Directives have induced a major positive change. I hope that this report, which also identifies existing shortcomings and areas of problems, will contribute to this encouraging process. The data for this report was compiled for the EUMC by its RAXEN National Focal Points in each of the (at the time) 15 Member States. The EUMC then invited the International Centre for Migration Policy Development in Vienna (ICMPD) to bring this material together in the form of the current report.