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Does the law foresee the shift of the burden of proof in civil / administrative procedures? Are there problems of implementation reported by independent authoritative sources?

Code:
RED13
Key Area:
Anti-discrimination Legislation & Implementation
Strand(s):
Discrimination, Equality
16/02/2012 - 17:45
Short Answer

Yes.

Qualitative Info

Italy has recently transposed the shift of the burden of proof required in Article 8 of Directive 2000/43/EC, with Italy/legge 101/2008 (06/06/2008), after the European Commission initiated an infringement procedure. It is too early to assess the effect of this emendation. In general, the victims of discrimination can use statistical data and other factual elements to support the case.


Source:

http://fra.europa.eu/fraWebsite/attachments/access-to-justice-2011-country-IT.pdf

Groups affected/interested Migrants, Ethnic minorities
Type (R/D)
Key socio-economic / Institutional Areas Anti-discrimination, Anti-racism
External Url
Situation(s)
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