The Transposition of the Race Directive (2000/43/EC) and the Framework Directive on Equal Treatment in Employment (2000/78/EC) into Dutch and Belgian Law

Abstract

Abstract: This article provides a comparison of some aspects of the transposition of the Race and the Framework Directives in Belgium and the Netherlands. The context of the implementation processes differed substantially, in that the outlook of the existing Belgian and Dutch equal treatment legislation at the time of the adoption of the directives was profoundly different. The most striking differences related to the existence or the absence of comprehensive provisions relating to the grounds for the prohibition of discrimination, exemptions justifying unequal treatment and the competences of judicial or administrative supervisory bodies. The analysis of these divergences provides interesting insights into some of the problems relating to the transposition of EC equal treatment directives. The paper focuses on the extent to which these different contexts have resulted in the proper or improper implementation of the directives.