National Equality Bodies & CJEU Proceedings

NATIONAL EQUALITY BODIES

&CJEU

PROCEEDINGS

Nanna Margrethe Krusaa Brussels 28.3.2012

REFERENCE PROCEDURE (1)

Any national court or tribunal of a Member State may refer questions on the interpretation of EU law to the CJEU for a preliminary ruling if they find it necessary to give a judgement (TFEU art. 267)

Nanna Margrethe Krusaa Brussels 28.3.2012

REFERENCE PROCEDURE (2)

• Established by law?

• Permanent?

• Compulsory jurisdiction?

• Inter partes procedure?

• Apply rule of law?

• Independent?

Nanna Margrethe KrusaaBrussels 28.3.2012

REFERENCE PROCEDURE (3)

• None of the equality bodies with power to make legally binding decision have referred a question to the CJEU (Equinet report 2010, Influencing the law through legal proceedings - the powers and practices of equality bodies)

Nanna Margrethe KrusaaBrussels 28.3.2012

IMPACT THE RULING (1)

Party to national proceedings – representing individuals – class actions– taking legal action in own

name – interventions

Nanna Margrethe Krusaa, Brussels 28.3.2012

IMPACT THE RULING (2)

The majority of equality bodies have somepower to participate in legal proceedings

– approx. 50% of equality bodies with power to represent individuals in legal proceedings did not make use of this power in 2008-2009

– more than 50% of equality bodies did not make use of their power to take legal action in their own name in 2008-2009

– only 3 out of the 13 equality bodies with power to intervene in legal proceedings reported that they have made use of this power in practice in 2008-2009.

Nanna Margrethe Krusaa, Brussels 28.3.2012

IMPACT THE RULING (3)

4 equality bodies have taken part in national proceedings where a reference had been made

2 equality bodies have taken part in national proceedings where the national court refused to refer an issue to the CJEU

Nanna Margrethe Krusaa, Brussels 28.3.2012

IMPACT THE RULING(4)

Submissions

-> the European Commission

-> national governments

Nanna Margrethe Krusaa, Brussels 28.3.2012

IMPACTTHE RULING(5)

2 equality bodies have given submission to their governments.

2 equality bodies have been requested by their governments to provide points of view as experts.

Nanna Margrethe Krusaa, Brussels 28.3.2012

IMPACTTHE RULING(6)

Cooperation with an equality body that is part of a CJEU proceeding.

Nanna Margrethe Krusaa, Brussels 28.3.2012

IMPACT THE RULING(7)

Wish list? Authorising equality bodies to intervene under the Statute of the CJEU ?

Nanna Margrethe Krusaa, Brussels 28.3.2012

Thank you

nmk@humanrights.dk

Nanna Margrethe Krusaa, Brussels 28.3.2012