The EU’s so-called Equal Treatment directive — aimed at extending protection against discrimination on the grounds of religion or belief, disability, age, or sexual orientation — has reached a dead end, several EU officials told Euronews.
First proposed by the European Commission in 2008, the anti-discrimination bill has remained stalled in the European Council, despite progress in the European Parliament. The Council, which represents the 27 EU member states, has been unable to reach a consensus for years.
In February, the EU executive removed the proposal from its work programme for 2025, arguing that it was blocked and “further progress was unlikely”. The draft bill was added to those to be withdrawn within six months, prompting the Polish presidency of the Council to try to reach an agreement under time pressure, but to no avail.
“While a very large majority of delegations has long supported the Directive, […], certain others have expressed concerns and requested clarifications as relating to the perceived lack of legal certainty, the division of competences and compliance with the principle of subsidiarity, and the impact of the proposal, in particular in terms of potential financial implications,” reads a Council document seen by Euronews, sent by the presidency to member states on 6 June.
According to an impact assessment by the European Parliament Research Service (EPRS), around three-quarters of EU citizens would potentially benefit from the directive’s protection, while implementation costs would remain “within acceptable limits”.
However, three member states — Czechia, Germany, and Italy — still oppose the draft compromise text, which requires unanimous support from all 27 countries before negotiations can begin with the Parliament and the Commission to finalise the bill.
“In the absence of any additional drafting suggestions from the Member States with outstanding concerns, the Presidency has not been able to propose a new compromise text,” reads another leaked document from the same date, also seen by Euronews.
The Equal Treatment directive is expected to be discussed during a meeting of EU ministers responsible for social policy on Thursday. They will hold a policy debate on whether a compromise is within reach and whether there is a need for an alternative proposal.
The six-month Polish presidency of the Council ends later this month, and while the Danish presidency will try to continue working on the file from July, several EU officials claim that reaching an agreement remains very “unlikely”.
An EU diplomat described the pursuit of a compromise as “thorny”, pointing to the Commission’s continued interest in withdrawing the proposal — a move some member states also support.
Instead, the Commission plans to focus on non-legislative initiatives in 2025, such as the already unveiled roadmap on women’s rights and the forthcoming strategies on LGBTIQ rights and anti-racism — a shift that has drawn criticism from NGOs and civil society organisations.
“Roadmaps are not laws; they are political statements with no enforceable protections,” argued Julie Pascoët, policy manager at the European Network (ENAR).
“For these strategies to be effective, the EU must use them to highlight the urgent need for stronger legislation and concrete action,” Pascoët added.
The 2008 anti-discrimination bill aimed to close critical protection gaps in areas such as social protection (including social security and healthcare), education, and access to goods and services, including housing.
“Whilst it is extremely disappointing that the Commission goes along with the global political trend against equality policies, the unacceptable fact is that a small group of countries, led by Germany, have been blocking the adoption of this directive for 17 years,” Alejandro Moledo, deputy director at the European Disability Forum, told Euronews.
According to the latest EU survey, more than half of respondents said there is widespread discrimination in their country on the basis of being Roma (65%), skin colour (61%), ethnic origin (60%), gender identity (being transgender – 57%), or sexual orientation (54%).
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