Local view for "http://purl.org/linkedpolitics/eu/plenary/2000-10-05-Speech-4-070"
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"en.20001005.5.4-070"2
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"I have not voted for the Mann report because, while it is indeed necessary to seek equal treatment for people in employment and occupation, it is also necessary to refrain from pushing zeal to the point of abandoning all protection of freedoms and all respect for the rule of law.
For example, Article 9(1) of the proposal for a directive, provides that when persons who consider themselves wronged because the principle of equal treatment has not been applied to them take action, they need only establish a presumption of discrimination before the court; making it incumbent on the defendant, that is, the employer, to prove wrongful accusation. This article has been slightly modified by an amendment from the European Parliament, which complicates the wording, but does not alter the general thrust.
If this directive were adopted, it would then be up to the accused employer to prove his innocence, not up to the accuser to provide evidence for his claim. Thus, the usual principles of the rule of law are being gradually altered under the influence of an extremist approach to combating discrimination, with the European Parliament and Commission only too happy to join in and poke their noses into every national law.
Yet again, we cannot approve of this shift, which is also going to be boosted by the draft Charter of Fundamental Rights of the European Union, because its present wording extends the anti-discrimination clause that the Treaty of Amsterdam has already introduced into European law."@en1
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