Throwing Some Light on Article 13 EC Treaty
| Date | 01 March 1999 |
| Author | Lisa Waddington |
| Published date | 01 March 1999 |
| DOI | 10.1177/1023263X9900600101 |
| Subject Matter | Editorial |
Editorial
Throwing Some Light on Article 13 EC Treaty
Since the signing o f the Treaty on European Union in Maastricht in 1992, calls have
gradually been increasing for a greate r rec ognition of, and firmer foundation for,
fundamental (social) rights within the European Union. To a large extent these calls,
which came from the European Parliament, independent EU Advisory Committees,
groups representing the interests o f EU citizens and residents, and academics, went
unheard in Amsterdam, and the new Treaty does not incorporate a comprehensive list
of fundamental r ights. However the new Treaty does include at least one important
provision which will enhance the Community’s ability to protect and promo te
fundamental rights: the general non-discrimination clause contained in Art icle 13 EC .1
This new Articl e is far broader than the existing pro visions dealing with discrimination
on the grounds o f nationality (Article 12 EC, ex Article 6) and equal pay for equal work
for m en and women (Article 141 EC , ex Article 119), and allows the Community to
take action to combat discrimination on the grounds of sex, racial or ethnic origin,
religion or belief, disability, age and sexual orientation.
Article 13 is a co nfusing provision though, and whilst it undoubt edly opens up new
possibilities for EC anti-discrimination law, it also raises numerous questions with
regard to its scope and the fields which may be covered. Mark Bell, in an article in this
issue, has examined some of these questions, and considers i nte r a lia whether Article
13 will allow the Community to go beyond employment and address other areas where
discrimination occurs and which (may) fall within the competence o f t he Treaty,
including education and housing. Bell also addresses the wider issue of the scope of
Article 13 and the significance of the requirement that measures based on the Article
fall ‘within the limits of the powers conferred b y it [the Treaty] upon the Co mmunity’.
In light o f Bell’s analysis it is p articularly interesting to consider the Commission’s
current plans for the ‘implementation’ of Article 13.
1. This prov ision was initially numbered 6a following the numbering of EC Treaty as use d in the body
of the Ams terdam Treat y. It is now commonly referred to as Article 13, in accordance with the
renumbering of the Treaty which followed the Amsterdam revision.
6 MJ 1 (1999) 1
To continue reading
Request your trial