La Direttiva 2008/104/CE relativa al lavoro tramite agenzia interinale: aspetti problematici e modelli di implementazione = Directive 2008/104/EC relating to temporary agency work: problematic aspects and implementation models. WP C.S.D.L.E. “Massimo D’Antona”.INT – 101/2013

The problematic gestation of the Directive on temporary agency work shows the presence of several criticalities that there are also in the national transposition in relation to the principle of equal treatment and to the mechanisms for preventing abuse during successive assignments. From a first analysis it can be said that in some EU Member States only the derogations have been implemented and not the general principle of equal treatment. At the same time, the obligation of the Member States, contained in the Directive on temporary agency work, to establish mechanisms for preventing abuse during successive assignments is crucial, especially in the light of the recent case law of the EU Court of Justice in which the Court does not apply to the temporary agency workers the protective rules of the Directive on fixed-term contracts (see C-290/12 , Della Rocca).

The Racial Equality Directive – from law to practice. IES Policy Brief Issue 2013/07/September 2013

The transposition of the Racial Equality Directive (2000/43/EC) has immensely enhanced legal protection against discrimination on the grounds of racial and ethnic origin throughout the EU. More than 10 years after its adoption, the main challenge identified in many Member States is the enforcement of anti-discrimination laws in practice, in particular with regard to access to justice. Ultimately it is up to the domestic courts to ensure effective implementation of anti-discrimination law. Polls regularly show that the discrepancy between the levels of discrimination experienced and discrimination reported by victims must be seriously addressed. Awareness is low not only among the public but also among the members of the legal professions, leading to under-reporting of discrimination cases. In addition, data that reflect the ethnic or racial composition of the population are scarce which makes it difficult to prove discrimination before the competent authorities. Moreover, certain procedural difficulties that affect access to justice and effective enforcement also stem from the short limitation periods foreseen in legislation, lengthy procedures, evidence, high costs and failures in the provision of legal aid, ineffective sanctions, as well as barriers in the form of language and issues relating to legal standing or legitimate interest. The law remains complex and remedies often inadequate.