The European Commission has officially withdrawn from its work on a draft directive aimed at implementing the so-called “principle of equal treatment outside the labour market, regardless of religion or belief, disability, age, or sexual orientation.” The reason cited for the withdrawal was the inability to reach an agreement on the continuation of legislative work. The proposal had faced significant criticism for infringing upon member states’ competencies, undermining the principle of freedom of contract, and promoting demands associated with the LGBT movement.
The Commission has ended its longstanding efforts, initiated in 2008, to advance the directive on equal treatment beyond employment. Among its critics were the conservative legal think tank Ordo Iuris and the Polish government led by the Law and Justice (PiS) party.
As early as 2014, Ordo Iuris warned that the proposal included provisions that clashed with the principle of contractual freedom. For example, a refusal to enter into an agreement with a person possessing a protected characteristic (such as a particular sexual orientation) could lead to severe financial penalties for damages. This, critics argued, would replace market mechanisms with administrative coercion, burdening entrepreneurs with high costs and operational difficulties. Furthermore, Ordo Iuris highlighted that the directive introduced considerable legal uncertainty. One notable example was the proposed definition of harassment, which could include merely “creating an intimidating atmosphere” for someone alleging discrimination.
In its 2025 work program published in February, the European Commission confirmed it would halt work on the directive. According to the document, the Commission plans to formally withdraw the proposal within six months, citing a lack of consensus: “The proposal has been blocked, and further progress is unlikely.”
In February and March, MEP Joanna Scheuring-Wielgus (New Left) submitted two formal inquiries—one to the Council of the European Union and one to the European Commission—under Article 144 of the European Parliament’s Rules of Procedure, which allows members, political groups, and committees to submit questions to EU institutions. In her letters, she asked both bodies to explain why work on the directive had been discontinued.
In a response dated April 30, Roxana Mînzatu, Executive Vice-President of the European Commission for People, Skills, and Readiness, explained that the decision was driven by the lack of political agreement. “While preparing the first work program of its mandate, the Commission conducted a thorough assessment of all pending proposals under consideration by co-legislators. It evaluated whether proposals were being actively discussed and whether a consensus was achievable—or whether, by contrast, they had been stalled for a long time or had little chance of progress. As a result of this review, the Commission compiled a list of 37 proposals it intends to withdraw,” stated the Romanian Social Democratic politician.
“The European Commission’s decision to discontinue work on the equal treatment directive is notable, above all, because it demonstrates that organized and determined action by civil society can successfully prevent the imposition of ideological legislation at the EU level,” commented Patryk Ignaszczak of the Ordo Iuris Centre for International Law. “It’s important to remember that this proposal had been in development and under discussion within various EU institutions for 17 years, since 2008. The work of civil society organizations, including Ordo Iuris—which played a role in shifting the position of the Polish government—ultimately led to the Commission abandoning the proposal.”