byby

    Joke SWIEBELJoke SWIEBEL(Former MEP and former Chair of the EP Intergroup on (Former MEP and former Chair of the EP Intergroup on

gay and lesbian rights)gay and lesbian rights)

with the help of Christine Loudes (Policy officer ILGA-Europe)with the help of Christine Loudes (Policy officer ILGA-Europe)

ContentsContents

1.1. How the EU worksHow the EU works

            Brochure Brochure “How the EU works; Your “How the EU works; Your Guide to the EU Guide to the EU   Institutions”Institutions” (June (June 2005)2005)

  

2.2. Which LGBT human rights issues Which LGBT human rights issues are on the EU agenda?are on the EU agenda?

3.3. How to work the EUHow to work the EU

Part 1. How the EU Part 1. How the EU worksworks

  The institutional triangleThe institutional triangle

European Union

Council

CommissionParliament

Two important differences Two important differences with national with national

parliamentary systemsparliamentary systems

EP does not have final say in EP does not have final say in allall legislationlegislation

““Government” cannot be sent Government” cannot be sent homehome

Three pillars Three pillars

Community mattersCommunity matters

CFSP (Common Foreign and CFSP (Common Foreign and Security policy)Security policy)

Police and judicial cooperation Police and judicial cooperation in criminal mattersin criminal matters

Three Councils Three Councils

European CouncilEuropean Council

Council of the European UnionCouncil of the European Union

Council of EuropeCouncil of Europe

Three decision-making Three decision-making proceduresprocedures

ConsultationConsultation

AssentAssent

Co-decisionCo-decision

Three roles Three roles

1. legislation1. legislation2. supervision/dialogue2. supervision/dialogue3. budget3. budget[ 4. platform function][ 4. platform function][ 5. diplomatic function ][ 5. diplomatic function ]

Part 2. Which LGBT human Part 2. Which LGBT human rights issues are on the EU rights issues are on the EU

agenda?agenda? Five political issues or policy Five political issues or policy

areasareas discrimination at the labour marketdiscrimination at the labour market discrimination in other areasdiscrimination in other areas homophobia, violence and hate homophobia, violence and hate

crimescrimes partnership issuespartnership issues LGBT rights as human rightsLGBT rights as human rights

(1) discrimination (on the (1) discrimination (on the basis of sexual orientation) basis of sexual orientation)

in employment:in employment: Legal base (art.13 TEU) is in placeLegal base (art.13 TEU) is in place Legislation (Directive 2000/78/EC) is adopted : our Legislation (Directive 2000/78/EC) is adopted : our

crown jewel crown jewel National implementation – supposed to be ready National implementation – supposed to be ready

December 2005December 2005 Role of Network of legal experts Role of Network of legal experts Role of the Commission as ‘the guardian of the Role of the Commission as ‘the guardian of the

treaties’treaties’ Commission has to present evaluation reportCommission has to present evaluation report Important for (potential) candidate countries:Important for (potential) candidate countries:

Directive is part of Directive is part of acquis communautaireacquis communautaire Progress reportsProgress reports

See :See : Going beyond the law ; promoting equality in employment. Going beyond the law ; promoting equality in employment. ILGA- ILGA-Europe brochure written by Sheila Quinn and Birgit Hardt (June 2005)Europe brochure written by Sheila Quinn and Birgit Hardt (June 2005)

(2) discrimination in other (2) discrimination in other social areas (e.g. housing, social areas (e.g. housing,

insurances)insurances) Race Discrimination Directive Race Discrimination Directive

(Directive 2000/43/EC) does cover (Directive 2000/43/EC) does cover discrimination in these areas; discrimination in these areas;

EP: political discussion on the so-called EP: political discussion on the so-called equality hierarchyequality hierarchy

EC: feasibility studyEC: feasibility study Council ?Council ? 2007: European Year of Equal 2007: European Year of Equal

Opportunities for AllOpportunities for AllImportant for NGO’s in all countriesImportant for NGO’s in all countries reliable data and examplesreliable data and examples lobbyinglobbying

(3) protection against (3) protection against homophobia, violence and homophobia, violence and

hate crimes ?hate crimes ? issue is on the EU agenda : recent debates and issue is on the EU agenda : recent debates and resolutions in the EPresolutions in the EP

position EC and Council : competence Member position EC and Council : competence Member StatesStates

Draft Framework Decision on Combating Draft Framework Decision on Combating Racism and Xenophobia (2001)Racism and Xenophobia (2001)

stranded in the Councilstranded in the Council proposal EP to extend it to proposal EP to extend it to

homophobiahomophobia doubts about legal basedoubts about legal base

Role of NGO’s:Role of NGO’s: - reliable data and examples- reliable data and examples - lobbying- lobbying - NB : Projects OCSE !- NB : Projects OCSE !

(4) partnership issues(4) partnership issues - Family law remains competence of member - Family law remains competence of member

statesstates - EU only deals with cross-border aspects of - EU only deals with cross-border aspects of

family lawfamily law Free Movement Directive is adopted (Directive Free Movement Directive is adopted (Directive

2004/58/EC)2004/58/EC) Registered partnerships recognized in EU lawRegistered partnerships recognized in EU law Implementation before 30 April 2006Implementation before 30 April 2006 Case lawCase law Evaluation > proposals for improvement?Evaluation > proposals for improvement? Part of Part of acquis communautaireacquis communautaire

See : See : EU-Directive in Free movement and Same-sex Families; EU-Directive in Free movement and Same-sex Families; Guidelines on the Implementation Process; Guidelines on the Implementation Process; ILGA-Europe ILGA-Europe brochure written by Mark Bell (October 2005).brochure written by Mark Bell (October 2005).

(5) LGBT rights are (5) LGBT rights are human rights human rights

The theoryThe theory:: Human rights are at the basis of Human rights are at the basis of

EU policies EU policies vis a visvis a vis third third countries;countries;

The EU itself wants to be a The EU itself wants to be a ‘community of values’;‘community of values’;

The fight against discrimination The fight against discrimination on the basis of sexual orientation on the basis of sexual orientation is a human rights issue.is a human rights issue.

(5) LGBT rights are (5) LGBT rights are human rights human rights

Recent accomplishmentsRecent accomplishments:: LGBT human rights have become LGBT human rights have become

part of the Enlargement Agenda part of the Enlargement Agenda (1999-2004); esp. (1999-2004); esp. age of consentage of consent issue (seen as covered by so-called issue (seen as covered by so-called Copenhagen criteria) Copenhagen criteria)

the HR agenda of the European the HR agenda of the European Commission (Buttiglione affair, 2004)Commission (Buttiglione affair, 2004)

the Foreign Policy agenda ???the Foreign Policy agenda ??? monitoring HR in the EU and in the monitoring HR in the EU and in the

candidate countriescandidate countries

Work to be doneWork to be done

LGBT human rights have to find their LGBT human rights have to find their appropriate place in appropriate place in

the Stabilisation and Association the Stabilisation and Association Process (Western Balkans)Process (Western Balkans)

the European Neighbourhood Policies the European Neighbourhood Policies (e.g. Ukraine, Moldova)(e.g. Ukraine, Moldova)

in policies vis a vis “the rest of the in policies vis a vis “the rest of the world” world” HR clauses in Co-operation AgreementsHR clauses in Co-operation Agreements

(See ILGA-Europe brochure (See ILGA-Europe brochure ‘Rights, not crimes’ ‘Rights, not crimes’ (April (April 2005)2005)

Part 3. HOW TO WORK Part 3. HOW TO WORK THE EUTHE EU

Take into account:Take into account: the issue at stakethe issue at stake

EU competent ?EU competent ? On EU agenda ?On EU agenda ? If so, where and how ?If so, where and how ?

Part 3. HOW TO WORK Part 3. HOW TO WORK THE EUTHE EU

stage of the EU decision-making stage of the EU decision-making processprocess researchresearch adviceadvice designdesign proposalproposal deliberationdeliberation adoptionadoption implementationimplementation supervising of monitoringsupervising of monitoring jurisprudencejurisprudence

Part 3. HOW TO WORK Part 3. HOW TO WORK THE EUTHE EU

What to ask from whom:What to ask from whom: who decides about what, when, why who decides about what, when, why

and how?and how? DocumentationDocumentation

go to the original sourcesgo to the original sources have key document ready in your have key document ready in your

filefile brochures at ILGA-Europe’s websitebrochures at ILGA-Europe’s website

Part 3. HOW TO WORK Part 3. HOW TO WORK THE EUTHE EU A little help from your friendsA little help from your friends

Make for each action your own little ‘who is who’: Make for each action your own little ‘who is who’: e.g.:e.g.:

EC office in your countryEC office in your country [EP office in your country][EP office in your country] national MP’snational MP’s like minded NGO’slike minded NGO’s researchers and expertsresearchers and experts members of EU networks and groups of members of EU networks and groups of

expertsexperts MEP’sMEP’s

IntergroupIntergroup Interparliamentary Delegation to Interparliamentary Delegation to

your Countryyour Country And – not to be forgotten – ILGA-Europe!And – not to be forgotten – ILGA-Europe!