Implementing European Standards: The Competence of Specialised Bodies to Combat Racism and Racial Discrimination to Deal with Individual Cases

Abstract

Specialised bodies to combat racism and racial discrimination have been created in almost all European States in the past 15 years. Following increased awareness of issues of racism and racial discrimination, the Council of Europe's European Commission against Racism and Intolerance (ECRI) and the European Union each introduced a set of standards for the whole continent providing a common baseline for protection against discrimination in material and institutional terms. Material prohibitions of discrimination are complemented by procedural provisions responding to the need for effective remedies.This diploma thesis will show that the standards on specialised bodies partly overlap and are mutually reinforcing. The interaction between these European standards and their implementation in national legislation will be the central topic. EU law is binding on EU member States, whereas ECRI's recommendations constitute soft law. The EU Directives are not part of the EEA Agreement, nor are they binding on non-EU member States. In this multi-layered context it is legitimate to ask how and to what extent Austria, Norway and Serbia have implemented the European legal standards regarding the capacity of specialised bodies to combat racial discrimination in relation to deal with individual cases, i.e. in cases with an identifiable victim. More precisely, how have they implemented the standards regarding the capacity to hear complaints; to provide assistance; to apply to courts; to issue binding or non-binding decisions; and to award compensation? Which human rights impact does the implementation of the European standards have?