1. National Equality Bodies & CJEU Proceedings
Nanna Margrethe Krusaa
Brussels

2. Reference procedure (1)
Any national court or tribunal of a Member State may refer questions on the interpretation of EU law to the CJEU for a preliminary ruling if they find it necessary to give a judgement (TFEU art. 267)
Nanna Margrethe Krusaa
Brussels

3. Reference procedure (2)
Established by law?
Permanent?
Compulsory jurisdiction?
Inter partes procedure?
Apply rule of law?
Independent?
Nanna Margrethe Krusaa
Brussels

4. Reference procedure (3)
None of the equality bodies with power to make legally binding decision have referred a question to the CJEU (Equinet report 2010, Influencing the law through legal proceedings - the powers and practices of equality bodies)
Nanna Margrethe Krusaa
Brussels

5. Nanna Margrethe Krusaa, Brussels 28.3.2012
Party to national proceedings
representing individuals
class actions
taking legal action in own name
interventions
Impact the Ruling (1)
Nanna Margrethe Krusaa, Brussels

6. Nanna Margrethe Krusaa, Brussels 28.3.2012
Impact the ruling (2)
The majority of equality bodies have some
power to participate in legal proceedings
approx. 50% of equality bodies with power to represent individuals in legal proceedings did not make use of this power in
more than 50% of equality bodies did not make use of their power to take legal action in their own name in
only 3 out of the 13 equality bodies with power to intervene in legal proceedings reported that they have made use of this power in practice in
Nanna Margrethe Krusaa, Brussels

7. Nanna Margrethe Krusaa, Brussels 28.3.2012
Impact the ruling (3)
4 equality bodies have taken part in national proceedings where a reference had been made
2 equality bodies have taken part in national proceedings where the national court refused to refer an issue to the CJEU
Nanna Margrethe Krusaa, Brussels

8. Nanna Margrethe Krusaa, Brussels 28.3.2012
Impact the ruling (4)
Submissions
-> the European
Commission
-> national governments
Nanna Margrethe Krusaa, Brussels

9. Nanna Margrethe Krusaa, Brussels 28.3.2012
2 equality bodies have given submission to their governments.
2 equality bodies have been requested by their governments to provide points of view as experts.
Impact the ruling (5)
Nanna Margrethe Krusaa, Brussels

10. Nanna Margrethe Krusaa, Brussels 28.3.2012
Impact the ruling (6)
Cooperation with an equality body that is part of a CJEU proceeding.
Nanna Margrethe Krusaa, Brussels

11. Nanna Margrethe Krusaa, Brussels 28.3.2012
Impact the ruling (7)
Wish list?
Authorising equality bodies to intervene under the Statute of the CJEU ?
Nanna Margrethe Krusaa, Brussels

12. Thank you nmk@humanrights.dk
Nanna Margrethe Krusaa, Brussels