European lawBy Paul Niekirk, BarristerDiscriminationDirective 2000/42/EC [2000] Gazette, 31 August, 38, prohibited discrimination on grounds of racial or ethnic origin in the field of (among other things) employment.

Further to that, the Council has adopted Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupations (OJ L303, 2 December 2000, pages16 to 22).The more recent directive will prohibit discrimination based on religion or belief, disability, age or sexual orientation in employment and occupations; national implementing provisions must be in force by 2 December 2003 (or by three years later in relation to discrimination by reference to age and disability).

The directive will apply to both direct and indirect discrimination.

Harassment constituting unwanted conduct relating to any of the prohibited forms of discrimination which occurs for the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment is deemed to constitute discrimination; within that context, the term 'harassment' may be defined by national legislation.

Once a complainant has established a prima facie case of discrimination under the directive, the burden of proof that there has been no breach of the principle of equality will shift to the respondent to the complaint.

The provisions of the directive are expressly made subject to measures under national law which in a democratic society are necessary for public security, the maintenance of public order, the prevention of crime, and the protection of health and of the rights and freedoms of others.

Scope of directiveThe directive will apply to both the public and the private sectors in relation to access to employment (and to self-employment or to occupations), access to vocational training, etc, working conditions, dismissal, pay, and to membership of organisations of workers or employers.

Employers will be expected to provide access to employment for the disabled and opportunities for advancement and training subject to such provisions not imposing a 'disproportionate burden' on an employer.

The directive is expressly stated not to apply to differences in treatment based on nationality, and is without prejudice to conditions relating to entry into and residence of third-country nationals and stateless persons in member states.

The directive will not apply to social security benefits, nor prejudice national provisions relating to the age of retirement.

Effect in national lawMember states will be able to disapply matters relating to discrimination on grounds of age or disability in relation to their armed forces.

Similarly, they will be able to provide that certain differences in treatment of persons in relation to specific occupations or the context in which activities are performed will not be treated as discriminatory.Exceptions from the prohibition on discrimination may also be made or maintained under national legislation in relation to employment practices which were accepted in late November 2000 in the case of churches and other organisations based on religion or belief.

Differences in treatment on the ground of age (for example maximum age for recruitment based on training requirements for the post or the need for a reasonable period of employment before retirement) may be excluded from the scope of discrimination under national law if they can be objectively and reasonably justified by a legitimate aim (such as legitimate employment policy) and if the means of achieving that aim are appropriate and necessary.Member states are not prevented from taking positive action to prevent or compensate for disadvantages linked to the grounds of discrimination proscribed by the directive.

Express provision is made in the directive to enable national law to exclude from the prohibition on discrimination differences in recruitment to the police in Northern Ireland, and to disapply the provisions in the directive on religion and belief in relation to the recruitment of teachers in Northern Ireland schools.European Court of JusticeAmendments to the rule of the procedure of the European Court of Justice entered into force on 1 February 2001 (text of the amendments is reproduced at OJ L 322, 19 December 2000, pages1 to 3).

The amendments provide (among other things) for a new, expedited procedure for urgent cases.

Application to use the expedited procedure may be made to the president of the court by either party.

The procedure will only be used exceptionally and the decision of the president will be taken on the recommendation of the judge-rapporteur after hearing the other party to the dispute and the advocate-general.

Under the procedure, the originating application and the defence may be supplemented by a reply and rejoinder only by permission of the president.

The president will fix the date for a hearing, at which the parties may supplement their arguments and (if they have reason for the delay in so doing) call further evidence.

The court will deliver its decision after hearing the advocate-general.

Provision is also made for an expedited procedure before the court of first instance by similar amendments to its rules of procedure (ibid, pages 4 to 6).PoliceA European Police College (CEPOL) has been established by Council Decision 2000/820/JHA (OJ L 336, 30 December 2000, pages 1 to 3).

CEPOL is initially established as a network of existing national training institutes, but a permanent institute may be established later.

Its aim is to help train senior police officers of the member states by optimising co-operation between the various component institutes.

It will develop a European approach to the main problems in the fight against crime, crime prevention, and the maintenance of law and order and public security, especially cross-border aspects of those problems.