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Fundemental Rights And NON Discrimination

Discussion in 'ENGLISH' started by thrifty, Dec 15, 2012.

  1. thrifty

    thrifty New Member

    Jan 28, 2009
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    Sorry for the long post But it is a very important subject, I am Not a lawyer But from my interpretation this may well be a case? perhaps some one might be able to clarify the situation if i get further information i will post it.
    But this could be used as an argument in any discussions with any government Department in the UK.? Needs official confirmation this is actual fact from a qualified barrister.
    However here are my points and information gained from official european web sites.
    Naroc -nu-zic-
    The Amsterdamn Treaty


    Equal treatment

    During their stay in your new country, your relatives/partner should be treated as nationals of the country, notably as regards access to employment, pay, benefits facilitating access to work, enrolment in schools etc.
    Thus The UK is in breach of the Amsterdamn Treaty.By discriminating Against Romanians and Bulgarians
    Making them different to other EEA members whilst in the UK.

    Article 12 (ex Article 6) of the EC Treaty provides that any discrimination on the grounds of nationality is prohibited. At the same time, Article 141 (ex Article 119) lays down the principle of non-discrimination between men and women, though only as far as equal pay is concerned.

    The Treaty of Amsterdam restates the principle of non-discrimination in stronger terms, adding two new provisions to the EC Treaty.

    The new Article 13

    This Article complements Article 12, which prohibits discrimination on grounds of nationality. The new Article enables the Council to take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

    When the Council acts on the basis of Article 13, it does so unanimously on a proposal from the Commission and after consulting the European Parliament.
    THE UK Has Signed up to this Treaty.
    The European Commission has today sent a reasoned opinion to the United Kingdom for incorrectly implementing EU rules prohibiting discrimination based on religion or belief, disability, age or sexual orientation in employment and occupation (Directive 2000/78/EC, see also MEMO/08/69 ). It has also decided to close infringement proceedings concerning the same Directive against Slovakia as their national legislation has been brought into line with EU requirements.

    "Tackling all forms of discrimination – especially at work – has been a priority for this Commission and for me personally. Our legal action has led to better protection against discrimination in workplaces across the EU," said Equal Opportunities Commissioner Vladimír Špidla. "We call on the UK Government to make the necessary changes to its anti-discrimination legislation as soon as possible so as to fully comply with the EU rules. In this context, we welcome the proposed Equality Bill and hope that it will come into force quickly," he added.

    In the reasoned opinion sent to the United Kingdom, the Commission pointed out that:

    there is no clear ban on 'instruction to discriminate' in national law and no clear appeals procedure in the case of disabled people;
    exceptions to the principle of non-discrimination on the basis of sexual orientation for religious employers are broader than that permitted by the directive.

    The Commission has also decided to close the infringement proceeding concerning Slovakia.

    In the letter of formal notice sent to Slovakia, the Commission argued that their national legislation was not in conformity with EU rules regarding the definitions of the principle of equal treatment and of harassment; the exclusion of third country nationals from the application of the principle of non-discrimination, concerning national justifications of differences of treatment; the obligation to provide reasonable accommodation to disabled employees; as well as regarding justification of differences of treatment on grounds of age.

    Slovakia has adopted a set of new legal texts to take into account the Commission's arguments, which bring national law into line with the Directive.

    Anti-discrimination (in areas outside gender and nationality discrimination) is a relatively new area of policy for the EU. The European Community acquired new powers in 1999, with the entry into force of the Amsterdam Treaty, to combat discrimination based on racial or ethnic origin, religion and belief, disability, age and sexual orientation (new Article 13 of the EC Treaty). This led to the unanimous adoption by the Member States of two Directives in 2000:

    Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin ("Racial Equality Directive"). This Directive covers direct and indirect discrimination, as well as harassment, in the fields of employment, vocational training, education, social protection (including social security and health care), social advantages and access to goods and services (including housing).
    Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment, occupation and vocational training ("Employment Equality Directive"). This Directive covers direct and indirect discrimination, as well as harassment, in employment and training on the grounds of religion or belief, age, disability and sexual orientation. It includes specific requirements on reasonable accommodation for disabled persons.

    The deadlines for transposition of these two Directives into national law by the Member States were 19 July and 2 December 2003 respectively. For the 10 countries which joined the EU in 2004, the deadline was 1 May 2004. For Bulgaria and Romania it was 1 January 2007.

    Further information

    EU anti-discrimination legislation

  2. thrifty

    thrifty New Member

    Jan 28, 2009
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    Words to use when dealing with any person in any office in the UK when you are getting no where with a discussion or you are getting told "no"

    Respond "I think you may be discriminating against me on the basis of my race" this will put the fear of god into any person you are dealing with.
    Good luck.
    P.S. I am waiting for a response from solvit the EU legal advice service as soon as i have a response i will let you know. -ras4-
  3. thrifty

    thrifty New Member

    Jan 28, 2009
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    it seems i cant add to the above by editing, so i will post the extra information here
    To show the UK is in agreement with the Amsterdamn Treaty.
    its complex but i still think the opt out from the social charter is no longer valid.
    Following the election of Tony Blair as UK Prime Minister in 1997 the UK formally subscribed to the Agreement on Social Policy, which allowed it to be included with minor amendments as the Social Chapter of the 1997 Treaty of Amsterdam. The UK subsequently adopted the main legislation previously agreed under the Agreement on Social Policy, the 1994 Works Council Directive, which required workforce consultation in businesses, and the 1996 Parental Leave Directive.[32] In the 10 years following the 1997 Treaty of Amsterdam and adoption of the Social Chapter the European Union has undertaken policy initiatives in various social policy areas, including labour and industry relations, equal opportunity, health and safety, public health, protection of children, the disabled and elderly, poverty, migrant workers, education, training and youth.[33]
    source wiki
  4. Mutu

    Mutu New Member

    Nov 24, 2009
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    So? Another Don Quixote's follower?
    Don't waste your energy mate!
    No offence!

    PS. Don't waste your time trying to make something out of politics.

  5. thrifty

    thrifty New Member

    Jan 28, 2009
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    here is the reply Very Interesting !!!

    Thank you for contacting “Your Europe Advice”!

    I. Applicable legislation in this regard:

    DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

    Since your niece is enrolled on a course of study, as a matter of the Accession (Immigration and Worker Authorisation) Regulations 2007, she does not need a work permit if she intends to work less than 20 hours per week.

    This is made clear by Regulation 2(10) which states:
    “A national of Bulgaria or Romania is not an accession State national subject to worker authorisation during any period in which he is in the United Kingdom as a student, does not work for more than 20 hours a week and holds a registration certificate that includes a statement that she is a student who has access to the United Kingdom labour market for 20 hours a week.”

    However, the provision does require to obtain a registration certificate to prove her right to work.

    II. The Directive 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States: http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:pDF obliges the UK authorities to issue a registration certificate IMMEDIATELY upon application by an EU citizen (Article 8(2) applies.) The European Commission noted in its 2010 report on EU citizenship (COM (2010) 602) that there were considerable delays in the issuing of documents and warned that if the UK did not remedy the situation it would consider referring the matter to the EU Court of Justice. Please note in this respect that the European Commission has started to take steps to bring the UK before the Court of Justice for breach of Directive 2004/38: http://europa.eu/rapid/press-release_IP ... ?locale=en

    The Directive prescribes the general imperative duty for the UKBA to process ALL registration certificates IMMEDIATELY; it is unlawful for the UKBA to leave the "choice" of a slower process on to the applicant, in circumstances where the applicant does not really have a choice.

    III. Remedies:

    1. SOLVIT is an on-line problem solving network in which EU Member States work together to solve, without legal proceedings, problems caused by the misapplication of Internal Market law by public authorities. There is a SOLVIT centre in every European Union Member State. SOLVIT Centres can help with handling complaints from both citizens and businesses. They are part of the national administration and are committed to providing real solutions to problems within ten weeks. Using SOLVIT is free of charge.

    When you submit a case to SOLVIT, your local SOLVIT Centre (known as the "Home" SOLVIT Centre, in your case the Romanian Centre) will first check the details of your application to make sure that it does indeed concern the misapplication of Internal Market rules and that all the necessary information has been made available. It will then enter your case into an on-line database, and it will be forwarded automatically to the SOLVIT Centre in the other Member State where the problem has occurred (known as the "Lead" SOLVIT Centre, in your particular situation the UK Centre). The two SOLVIT Centres will work together to try to solve the problem and your Home SOLVIT Centre will keep you informed of progress.

    SOLVIT Romania:

    Romulus Bena
    Karina Stan
    Ramona-Maria Ciuca
    Guvernul României
    Departamentul pentru Afaceri Europene
    Bvd. Aviatorilor nr. 50A
    Sector 1 Bucuresti
    011854, România
    Tel. + +4021 308 53 60
    Fax. +4021 318 55 24
    E-mail: solvit@dae.gov.ro

    On-line compalint form:
    https://webgate.ec.europa.eu/solvit/app ... anguage=en

    2. We also suggest that you raise the matter with the European Commission by way of official complaint.
    You can find out how to complain to the European Commission here:
    http://ec.europa.eu/community_law/your_ ... ms_en.htm/

    3. You also have a right to lodge a complaint against your treatment by way of petition the European Parliament:
    https://www.secure.europarl.europa.eu/p ... anguage=EN

    4. In UK you would need to seek the advice of a solicitor specialised in immigration matters. You can search for solicitors on the Law Society’s website – enter your postcode and select “EU law” from the ‘Area of Law’ drop-down menu: http://www.lawsociety.org.uk/choosingan ... icitor.law

    -You may also be eligible for legal aid depending on your financial situation. You can search for immigration lawyers that provide free legal advice on the CLS website – enter your postcode and select “immigration” under ‘3) Categories of Work’ and tick yes in the box under ‘5) LSC funded work’: http://www.clsdirect.org.uk/directory/d ... ch?lang=en

    -Depending on where you live, you may also visit your local Legal Aid Centre:

    -The AIRE Centre (Advice on Individual Rights in Europe) may also be able to assist in referring you to a specific lawyer. The AIRE can be reached on 020 7831 3850 between 2pm and 5pm Tuesdays and Thursdays. Their website is: http://www.airecentre.org

    We hope this answers your query,

    Sincerely Yours,
    “Your Europe Advice”

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