A European Commission report published on 13 July 2026 finds that under-reporting of discrimination remains at 5-11% and that 50% of respondents to the 2022 EU-MIDIS III survey reported feeling discriminated against on any ground in the preceding five years. The report, covering the application of the Racial Equality Directive and the Employment Equality Directive from 2021 to 2025, concludes that despite recent legislative advances, discrimination remains widespread and vastly under-reported, with sanctions systems needing fundamental reform to become effective and dissuasive.
The report highlights that the EU adopted the Equality Bodies Directives (2024/1499 and 2024/1500) requiring Member States by June 2026 to strengthen equality bodies' independence, resources, and powers, including litigation powers to act in court proceedings on behalf of victims or in the public interest. A Commission study on sanctions for racial, ethnic and religious discrimination found sanctions are often low, symbolic, fragmented across laws, rarely updated for inflation, and lack preventive measures like structural injunctions. The Court of Justice of the European Union in Braathens Regional Aviation (C-30/19, 15 April 2021) ruled that EU law precludes domestic rules allowing discrimination to go unrecognised if the defendant agrees to pay compensation. The Commission adopted implementing act (2026/1196, 11 June 2026) establishing common indicators on equality bodies' functioning.
The report notes that Member States must fully transpose the Equality Bodies Directives; the Commission will monitor transposition and may use infringement procedures. Stakeholder impact: Victims of discrimination may benefit from stronger equality bodies with litigation powers, but the persistent low reporting rates suggest awareness and trust remain low. National authorities face implementation burdens from the new directives and potential infringement risks. Equality bodies gain enhanced powers and resources, but their effectiveness depends on Member State compliance. Business and employers may face increased scrutiny and potential litigation from empowered equality bodies, but clearer sanctions frameworks could reduce legal uncertainty.