Indicator history

In order to transpose Directives 2000/43/EC and 2000/78/EC in Italian law, the government (on the basis of the lawmaking power previously delegated for this purpose by the parliament) approved in July 2003 two decrees, decree 215/2003 (transposing directive 43/2000) and decree 216/2003 (transposing directive 78/2000).

The Decrees reproduce the text of each Directive. Decree 215/2000 is thus applicable, within all fields mentioned in directive 43/2000, to discrimination on ground of race and ethnic origin, while decree 216/2003 applies within the field of employment to discrimination based on religion and belief, sexual orientation, disability and age. Both decrees are basically aimed at transplanting the Directives into the legal system as they are, without attempting to coordinate between them or with other existing Italian legal rules. Some formal mistakes which occurred in the drafting work have been corrected by a later decree, and legislation of early 2008 amended some of the major discrepancies with the directives.

One criticism addressed (also in parliament) at this transposition technique concerns the fact that, since it does not abolish the pre-existing anti-discrimination rules nor attempts unification, it adds a further legal regime, creating a complex situation which could lead to litigation involving many legalistic arguments. The coordination in a single text of all rules on equal opportunities (all grounds, included gender) has been discussed, but until now the government did not take action in that sense.

Source:

European Network of Legal Experts in the Non-Discrimination Field – Italy – Main Legislation - http://www.non-discrimination.net/content/main-legislation-13 (Date of access: 2.12.2011)