The European Commission will allocate a maximum of 0.4 million euros for a study on access to justice in cases of discrimination based on gender, race, ethnicity, religion or belief, disability, age or sexual orientation.

The purpose of the study, published in the OJ Suplement, will be to provide the Commission with independent input on the situation in the Member States and the EFTA/EEA countries, as regards access to justice in cases of discrimination on grounds of gender, race or ethnic origin, religion or belief, disability, age and sexual orientation. The study shall provide an independent analysis of the following aspects relevant to the issue of access to justice in cases of discrimination.

It should first address procedural guarantees, such as the burden of proof and evidence, rules concerning standing before the courts, role of associations and other entities in judicial proceedings, time limits and duration of procedures, costs of judicial procedures and existence of legal aid.

Second, it should address requirements for an effective, proportionate and dissuasive remedy, in particular the type of sanctions (penal and/or civil) or compensation provided for under the law (including upper limits).

Third, the report should also address the issue of the effectiveness of the legal framework in practice and should contain, in particular, statistical elements on the number and types of cases brought before the courts.

A comparison between Member States and the EFTA/EEA countries should be undertaken (a comparative table should be provided) and best practices identified. The study shall, as well, provide an analysis on the effectiveness, proportionality and dissuasiveness of the judicial procedures and of the sanctions in discrimination cases compared with similar procedures and sanctions regarding other types of illegal behaviour in the same areas.

The tender is part of the PROGRESS European Program, which aims to financially support the implementation of the objectives of the European Union on employment and social affairs, in accordance with the Commission Communication on the Social Agenda, and thereby contribute to achieving the objectives of the Lisbon Strategy.

European Commission, Employment, Social Affairs and Equal Opportunities DG, Unit G2
Attn: Vincent Depaigne
rue Joseph II 54, 2/056
B 1049 Brussels
Tel. +32 22996960
faxFax +32 22921376
E-mail: EMPL-PROGRESS-VT-2009-014@ec.europa.eu