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Has there been a thorough evaluation/assessment of the effectiveness of the national implementation of EU Anti-discrimination Directives?

Key Area:
Anti-discrimination Legislation & Implementation
Discrimination, Equality
20/12/2011 - 14:02
Short Answer


Qualitative Info

No systematic evaluation of the AGG has been conducted.

To the occasion of the fifth anniversary of the AGG (August 2011), the federal equality body FADA took stock of its anti-discrimination work and published a press release calling for improvements of the protection against discrimination; five points were highlighted (ADS 2011):
- More comprehensive rights for anti-discrimination organisations to take legal actions on behalf of victims of discrimination (Verbandsklage)
- Stiffer sanctions for unlawful discrimination
- Prolonged timeframe for taking legal action
- More commitment of policymakers and administrations
- Chronic illness to be included in the grounds of discrimination covered by the AGG

The not-for-profit network of expert anti-discrimination organisations, advd, also published a press release to the occasion of five years AGG in August 2011, in which shortcomings and positive developments were highlighted (advd 2011). On the positive side, advd representatives stated that the federal equality body FADA has become more visible and active since the new chairwomen (Ms Lüders) took office in early 2010. Over the past five years, the issue of discrimination has been discussed more calmly than before and a few important court rulings have occurred. While welcoming these positive developments, the advd stresses that many shortcomings of the AGG continue to prevail:
- Short timeframe for lodging formal legal action
- Organisations are not allowed to take legal action on behalf of a victim
- Insufficient shift of burden of proof
- Often insufficient knowledge of the AGG (even) among lawyers and courts
- Insufficient ban of (ethnic) discrimination in the realm of public administration and education


Antidiskriminierungsverband Deutschland (advd) (2011), 5 Jahre Allgemeines Gleichbehandlungsgesetz (AGG) - Der Antidiskriminierungsverband Deutschland (advd) zieht Bilanz, Press Release, 16.08.2011, (accessed on 30.11.2011)
Anti-discrimination body (Antidiskriminierungsstelle, ADS) (2011), 5 Jahre AGG – 5 Forderungen der ADS,; %20jsessionid=5217F9C3FE550BCCC24A0FA8ED07DC0E.2_cid103 (accessed on 30.11.2011).

Groups affected/interested
Type (R/D)
Key socio-economic / Institutional Areas Policing - law enforcement
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