Genval, 29th March 2017 – The Second European Parliament Roma Week put the spotlight again on the issue of Roma integration in Europe and its future post-2020. What about the mid-term review of the EU actions on Roma: is the glass half-full or half-empty? And what is the role of strategic litigation for the Roma rights movement?

Roma are back to the European Parliament
I have witnessed the second time the prioritisation of Roma integration by the EU institutions by dedicating a week to Roma related activities in the European Parliament. I was very pleased to see – again – many motivated Roma activists and dedicated Roma in the EU institutions which was helpful in at least two ways. Firstly, it demonstrated the importance of the issue for EU decision makers, especially that during the refugee crisis, the Roma integration issue was neglected. Secondly, it definitely helped the Roma to familiairise themselves with the EU institutions and helped them better understand the rules and possibilites of EU-level pro-Roma advocacy.

Despite the fact that the rooms allocated to the events were ridiculously small and that sometimes the event management was a bit messy – which made me standing during the hearings I attended, I still consider this whole EU Roma campaign very helpful and I have witnessed improvements compared to the 1st EU Roma Week in 2016, as regards messaging and conception.

I had the chance to attend two workshops of the many that were organised and some of them are still ongoing. These 2 cases demonstrate some of the key aspects of the EU Roma integration policy which is at crossroads in 2017. What is the future for post2020? And what is the role of strategic litigation in the Roma rights movement?

Case 1: Stock taking concerning the achievements and failures of the 2011-2020 Roma Framework in 2017

As it was expected, this panel presented key European stakeholders: Soraya Post as a Roma Member of the European Parliament, the relevant services of the European Commission, the Fundamental Rights Agency presenting further research and data on Roma, key pro-Roma NGOs. Yound Roma activists were – rightly – given the floor to make critical comments and Member States – as usual – were missing.

Everybody spoke as expected: MEP Soraya was keen on making the point on antigypsyism, NGOs were critical, the FRA presented further evidence and the European Commission tried to defend the achievements of the EU Roma Framework.

#EURomaweek @SorayaPostFi is calling for the continuation of the #RomaEU framework post2020 w/improvements&having #antigypsyism in its heart pic.twitter.com/9wVUkUvTsV

— Zoltán MassayKosubek (@EU_ZMK) 2017. március 28.

I did not comment the discussion on the spot because of several reasons: the time management provided limited opportunity to make oral comments and I felt inappropriate to use the time of Roma activists. This is their opportunity, they are here only now while I am and will remain in Brussels for a while. I decided terefore to put my messages on twitter and disseminate what I have heard for a wider audience by actively using #EURomaWeek, as you can see below.

Although there were conflicting points of views expressed, I believed that everybody was right in the room from her/his point of view. You can argue that the EU Roma Framework is a useful tool which delivered to some extent but you can also say that nothing has changed on the ground and in both cases you will be right (and wrong at the same time).

#EuRomaWeek B.Sanchez #Roma contact points shld have political mandate & responsibility to foster #RomaEU integration post2020 #Romahealth pic.twitter.com/vB3KsN1pCG

— Zoltán MassayKosubek (@EU_ZMK) 2017. március 28.

Case 2: The double-edged role of strategic litigation in the Roma rights movement

This other workshop was dedicated to legal cases against Member States with the use of binding EU law (the racial equality directive) to foster change. A fellow Hungarian Roma delegation was also present in the room and among the specific cases mentioned, several country examples emerged such as Macedonia, Italy, Bulgaria, Hungary, the Czech Reoublic and Slovakia. Although there were member state representatives in the room, they were – again – not represented in the panel discussion.

The usefulness and the role of strategic litigation for Roma integration was discussed during the event. While everybody can agree on the need of legal cases and their usefulness, views were differing on whether this is the most efficient or only way to change behaviour or initiate mindset and therefore policy change.

#EURomaweek @EU_Justice infringement case handler:"US Court cases in1960s contributed to policy changes for the black civil rights movement' pic.twitter.com/HWrwZkNO2f

— Zoltán MassayKosubek (@EU_ZMK) 2017. március 29.

#EURomaweek @JonathanMackPA Asking for more #Roma mobilisation which is essential. A power fight cannot only be won by litigation. #RomaEU pic.twitter.com/LXf80iVb0i

— Zoltán MassayKosubek (@EU_ZMK) 2017. március 29.

EU Roma policy at crossroads

For me, the situation is quite ambivalent: there are many reasons why we cannot be happy with the EU Roma Framework but its existence is still very helpful and the political landscape is better than it was prior 2011. Of course we can argue how can the EU Roma framework reformed post2020 but we can all agree that we need some European framework for sure.

EU law on anti-discrimination to be used for Roma

The law of the European Union provides the appropriate legal bases for the European Commission, as the Guardian of the Treaties, to ensure the equal treatment of Roma and to take all necessary decisions – including launching infringement procedures if necessary to make sure that Member States comply with the binding law of the EU.

Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin

TFEU article 19 provides the EU with a legal basis to combat all forms of discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Council Directive 2000/43/EC of 29 June 2000 implements the principle of equal treatment between persons irrespective of racial or ethnic origin. The objective of this legislation is to combat discrimination on the grounds of racial or ethnic origin. Therefore this Directive lays down minimum requirements for implementing the principle of equal treatment between individuals in the EU. By discouraging discrimination, it should help to increase participation in economic and social life and reduce social exclusion. It forbids all direct or indirect discrimination based on race or ethnic origin, as well as harassment and any behaviour which makes one person discriminate against another.

The Directive applies to all individuals and to all sectors of activity, regarding:
• access to employment and unpaid activities, specifically during recruitment;
• working conditions, including hierarchical promotion, pay and dismissals;
• access to vocational training;
• involvement in workers’ or employers’ organisations, and in any professional organisation;
• access to social protection and to health care;
• education;
• social advantages, access to goods and services, particularly housing.

The Directive 2000/43/EC is supplemented by the Directive 2000/78/EC on equal treatment in employment and occupation. The underlying purpose of the Framework Directive is to prohibit discrimination in the area of employment on the grounds of disability, age, sexual orientation and religion or belief

Author : Zoltán Massay-Kosubek
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