European law

By Paul Niekirk, barrister

DiscriminationThe Council has adopted a directive implementing the principle of equal treatment of persons irrespective of racial or ethnic origin (Directive 2000/43/EC, OJ L 180, 19 July 2000, pp22 to 26).

The directive prohibits discrimination on the grounds of racial or ethnic origin, whether direct or indirect.

Indirect discrimination is defined for the purposes of the directive as where an apparently neutral provision, criterion or practice would put such persons at a particular disadvantage compared with other persons, unless the provision, etcetera, is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

Harassment may fall within the definition of discrimination and 'instruction' to discriminate will be deemed to be discrimination.

The directive will apply to both public and private sectors.

The scope of the directive is directed to employment and related matters, social protection, social advantages, education, and access to the supply of goods and services which are available to the public (including housing).

Member states will be permitted to incorporate a defence into national law allowing a difference in treatment which is based on racial or ethnic characteristics by reference to the nature of particular occupational activities or the context in which they are performed; provided that the characteristic constitutes a genuine and determining occupational requirement, that its objective is legitimate, and the requirement is proportionate.

Member states will be permitted to adopt measures of positive discrimination and are required to take measures to prevent victimisation of complainants.

In discrimination cases (other than criminal proceedings), once the aggrieved person has established a presumption of discrimination, the burden of proof will pass to the other party.

The appropriate national provisions must be in force by 19 July 2003.

Electronic commerceThe European Parliament and the Council have adopted a directive on electronic commerce (Directive 2000/13/EC, OJ L 178, 17 July 2000, pp1 to 16).

It will approximate the national laws of the member states on a number of issues, including the establishment of service providers and electronic contracts.

It does not impinge on specified areas, such as data protection and the representation of a client and defence of his interests in the courts.

The regulation of service providers will be subject to national laws and the right to provide services from other member states must be respected.

Conditions are laid down for commercial communications, and unsolicited commercial communications (if tolerated) will have to be clearly identifiable as such.

National laws must permit contracts to be concluded by electronic means and the minimum information to be supplied in consumer contracts is prescribed.

Express provision is made as to the liability of intermediary service providers.

Member states must not hinder the possibility of out-of-court settlement of disputes relating to electronic commerce and must ensure that their courts can act swiftly to deal with infringements.

National provisions implementing the directive must be in force by 17 January 2002.