Briefing – Fighting discrimination in sport – 09-07-2021

Even though the European Union (EU) has built an extensive framework of legislation, instances of racism and homophobia in sport are still rife. Interestingly, Eurostat surveys reveal that the feeling of discrimination is more widespread than actual discrimination. Although there are some variations, discrimination in sport very frequently involves stigmatisation on the basis of external characteristics such as skin colour, body shape and gender. Data from 2017 show that some 3 % of respondents claimed to have experienced racist violence in the previous year, with another 24 % being exposed to racist harassment in that period. Worryingly, the results of a 2018 poll confirm that the vast majority of respondents (90 %) perceive homo/transphobia to be a problem in sport, with gay men feeling homophobia to be a bigger problem than lesbian/gay women and bisexual people. Action against discrimination at EU level is grounded in an established EU legal framework, based on a number of Treaty provisions – in particular Articles 2 and 3 of the Treaty on European Union, and Articles 10, 19 and 67(3) of the Treaty on the Functioning of the European Union. The general principles of non-discrimination and equality are also reaffirmed in the Charter of Fundamental Rights of the EU. This legal arsenal is completed by a number of directives and framework decisions – such as the Racial Equality Directive, the Victims’ Rights Directive and the Framework Decision on Combating Racism and Xenophobia, to name but a few – aimed at increasing individual protection. The objectives of the sports strand of the Erasmus+ programme include combatting violence, discrimination and intolerance in sport and providing funding for various projects such as the setting up of LGBTQI+ sports clubs in central and eastern Europe, increasing inclusion in sport, and by bringing together partners who traditionally face barriers to participation, such as women, the LGBTQI+ community and people with disabilities. In addition, since 2016, the European Commission has supported the Council of Europe in promoting safety and security at sports events. In recent years, the Gay Games and the European Gay and Lesbian Multi-Sports Championships have helped raise awareness, build self-esteem and change perceptions based on prejudice.

Source : © European Union, 2021 – EP

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Highlights – Adding gender-based violence as new ‘eurocrime’: committee vote – Committee on Civil Liberties, Justice and Home Affairs – Committee on Women’s Rights and Gender Equality

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The Committees on Civil Liberties, Justice and Home Affairs, and on Women’s Rights and Gender Equality will vote on the report on identifying gender-based violence as a new area of ‘eurocrime’, on 14 July. This legislative initiative requests the Commission to propose a Council decision to consider gender-based violence as an area of crime that meets the criteria established under Article 83(1) of the Treaty on the Functioning of the European Union (TFEU).

Source : © European Union, 2021 – EP

Highlights – Budget 2022: committee debate. Sustainable and smart mobility: vote – Committee on Women’s Rights and Gender Equality

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The Committee on Women’s Rights and Gender Equality will go over its opinion on the EU Budget for 2022, on 12 July. Amongst other things, the draft asks for an increase in the European Institute for Gender Equality’s budget and an independent budget line to the objective dedicated to promoting gender equality in the Citizens, Equality, Rights and Values Programme. The Committee will then vote on its opinion on the Sustainable and Smart Mobility Strategy, on 13 July.

The latter highlights the need to tackle the underrepresentation of women as transport workers and the link with the gender gap in STEM and new technologies sectors.

Source : © European Union, 2021 – EP

Highlights – Intimate partner violence and custody rights: committee vote – Committee on Legal Affairs – Committee on Women’s Rights and Gender Equality

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The Committees on Legal Affairs and on Women’s Rights and Gender Equality will vote on a joint report regarding the impact of intimate partner violence and custody rights on women and children, on 13 July. The draft calls on the Member States to urgently address the issue by guaranteeing the safety and economic independence to victims by means of access to specific housing, essential public services, and professional psychological support.

Source : © European Union, 2021 – EP

Briefing – European Union data challenge – 28-07-2021

The exponential growth and importance of data generated in industrial settings have attracted the attention of policymakers aiming to create a suitable legal framework for its use. While the term ‘industrial data’ has no clear definition, such data possess certain distinctive characteristics: they are a subset of big data collected in a structured manner and within industrial settings; they are frequently proprietary and contain various types of sensitive data. The GDPR rules remain of great relevance for such data, as personal data is difficult to be filtered out from mixed datasets and anonymisation techniques are not always effective. The current and planned rules relevant for B2B sharing of industrial data exhibit many shortcomings. They lack clarity on key issues (e.g. mixed datasets), increase the administrative burden for companies, yet not always provide the data protection that businesses need. They do not provide an additional value proposition for B2B data sharing and hinder it in some cases. While this situation warrants policy intervention, both the instrument and its content should be carefully considered. Instead of a legal instrument, soft law could clarify the existing rules; model terms and conditions could be developed and promoted and data standardisation and interoperability efforts supported.

Source : © European Union, 2021 – EP

Briefing – Understanding delegated and implementing acts – 07-07-2021

Law-making by the executive is a phenomenon that exists not only in the European Union (EU) but also in its Member States, as well as in other Western liberal democracies. Many national legal systems differentiate between delegated legislation − adopted by the executive and having the same legal force as parliamentary legislation − and purely executive acts −aimed at implementing parliamentary legislation, but that may neither supplement nor modify it. In the EU, the distinction between delegated acts and implementing acts was introduced by the Treaty of Lisbon. The distinction, laid down in Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU), seems clear only at first sight. Delegated acts are defined as non-legislative acts of general application, adopted by the European Commission on the basis of a delegation contained in a legislative act. They may supplement or amend the basic act, but only as to non-essential aspects of the policy area. In contrast, implementing acts are not defined as to their legal nature, but to their purpose − where uniform conditions for implementing legally binding Union acts are needed. Under no circumstances may an implementing act modify anything in the basic act. Delegated acts differ from implementing acts in particular with regard to the procedural aspects of their adoption − the former after consulting Member States’ experts, but their view is not binding; the latter in the comitology procedure, where experts designated by the Member States, sitting on specialised committees, can object to a draft implementing act. In the case of delegated acts, however, the Parliament and Council can introduce, in the delegation itself, a right to object to a draft act or even to revoke the delegation altogether. Both delegated and implementing acts are subject to judicial review by the Court of Justice of the EU which controls their conformity with the basic act.

Source : © European Union, 2021 – EP

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