Over the past year, the European Commission has been committed to implementing Article 13 of the Amsterdam Treaty. The Commission's strategy is divided into three parts:

• The Framework Directive against discrimination
• The Racial Discrimination Directive
• The Community Action Programme

The first and last are those that affect us directly.
The strategy adopted by the Commission is long-term, and from ILGA-Europe's contacts with the Commission, it appears clear that no further activities related to combating discrimination based on sexual orientation will be undertaken for at least another five years, until the ongoing activities are completed or well advanced. In five years, sexual orientation will likely be discussed again, and it will therefore take some time for this "discussion" to materialize into Commission initiatives. Consequently, the tools the Commission provides us with today are all we can expect to work with in the near future. However, what we have is significant, especially considering the ever-increasing push to harmonize legislation across the European Union, which means that achievements such as marriage in the Netherlands could, if we capitalize on them, have real repercussions in Italy as well.

The Framework Directive

The Framework Directive concerns discrimination based on "religion or belief, disability, age and sexual orientation"" as regards employment and working conditions (employment and occupation).
It establishes a set of rules and safeguards explicit minimums against discrimination in the above-mentioned areas that Member States must introduce into their legislation and are invited to ensure their implementation (by establishing agencies or undertaking awareness-raising programmes or otherwise). This minimum level is actually quite high, especially considering that 7 of the 15 Member States do not ensure any explicit protection and 11 of the 13 countries applying to join the Union also lack any protection whatsoever with respect to the areas of discrimination mentioned. The Framework Directive on Employment and Occupation is therefore the single most significant act in the history of combating discrimination based on sexual orientation due to its scope. It affects millions of citizens of the European Union as well as millions of citizens of the countries acceding to the European Union who must comply with EU law.

The Directive, adopted in November last year, has a deadline for implementation of 2 December 2003. During this period we will have to ensure that it is implemented in Italy on the one hand completely received and at the same time we will have to put pressure to obtain more than what is provided for in the Framework Directive (among other things, the Directive "encourages" governments to establish a dialogue with the non-governmental organizations affected by the Directive). The Directive is binding on the Member States.
If by the expiry of 2 December 2003 it has not been transposed or has not been transposed completely, the Framework Directive will enter into force still in force.

• It may be invoked in legal cases relating to the public employment sector.
• It will also have indirect effects in the private sector and in that case too it can be invoked, albeit with more limited effects.
• The Government could be sued for not having implemented it.
• The Commission may be contacted, and in that case the Commission will take legal action against the Government.

Over the past year, the European Commission has been committed to implementing Article 13 of the Amsterdam Treaty. The Commission's strategy is divided into three parts:

• The Framework Directive against discrimination
• The Racial Discrimination Directive
• The Community Action Programme

The first and last are those that affect us directly.
The strategy adopted by the Commission is long-term, and from ILGA-Europe's contacts with the Commission, it appears clear that no further activities related to combating discrimination based on sexual orientation will be undertaken for at least another five years, until the ongoing activities are completed or well advanced. In five years, sexual orientation will likely be discussed again, and it will therefore take some time for this "discussion" to materialize into Commission initiatives. Consequently, the tools the Commission provides us with today are all we can expect to work with in the near future. However, what we have is significant, especially considering the ever-increasing push to harmonize legislation across the European Union, which means that achievements such as marriage in the Netherlands could, if we capitalize on them, have real repercussions in Italy as well.

The Framework Directive

The Framework Directive concerns discrimination based on "religion or belief, disability, age and sexual orientation"" as regards employment and working conditions (employment and occupation).
It establishes a set of rules and safeguards explicit minimums against discrimination in the above-mentioned areas that Member States must introduce into their legislation and are invited to ensure their implementation (by establishing agencies or undertaking awareness-raising programmes or otherwise). This minimum level is actually quite high, especially considering that 7 of the 15 Member States do not ensure any explicit protection and 11 of the 13 countries applying to join the Union also lack any protection whatsoever with respect to the areas of discrimination mentioned. The Framework Directive on Employment and Occupation is therefore the single most significant act in the history of combating discrimination based on sexual orientation due to its scope. It affects millions of citizens of the European Union as well as millions of citizens of the countries acceding to the European Union who must comply with EU law.

The Directive, adopted in November last year, has a deadline for implementation of 2 December 2003. During this period we will have to ensure that it is implemented in Italy on the one hand completely received and at the same time we will have to put pressure to obtain more than what is provided for in the Framework Directive (among other things, the Directive "encourages" governments to establish a dialogue with the non-governmental organizations affected by the Directive). The Directive is binding on the Member States.
If by the expiry of 2 December 2003 it has not been transposed or has not been transposed completely, the Framework Directive will enter into force still in force.

• It may be invoked in legal cases relating to the public employment sector.
• It will also have indirect effects in the private sector and in that case too it can be invoked, albeit with more limited effects.
• The Government could be sued for not having implemented it.
• The Commission may be contacted, and in that case the Commission will take legal action against the Government.

The Community Action Programme

The programme essentially consists of European projects financed by the Community as well as those undertaken directly by the Commission itself.
On the European Union website There is extensive information on the subject. ' one of the best links offered by the Union server.
Two committees (we have the list of members) consisting of two government representatives from each member state have been established under this Programme:

• Programme Committee: selects European projects to be funded, organises national seminars on the Directive and events to raise awareness
• Working group of officials (Working group of delegates): must supervise the transposition of the directives relating to Article 13

At the end of July, a call for proposals was issued for the formation of four international groups of non-governmental experts, one for each area of discrimination. Robert Wintemute, a lawyer with whom we have good contacts, formed an international group of lawyers who presented their proposals ready for the call. Stefano Fabeni, from Turin, is the Italian member of the group, chosen by Wintemute because they have been working together for over a year on another European project and know each other well.
From the information we have, it is clear that it is appropriate and necessary to put pressure on the national representatives of the two committees and to lobby them to also fully commit to the issue of discrimination based on sexual orientation.

The Commission holds Very Collect data to build a clear picture of the prevalence and impact of discrimination. It is important to circulate information among ILGA-Europe members through surveys, polls, and so on. The book "Modern Homosexuals" is an example of this data.

The deadline for submitting European projects has now passed in May – 71 projects have been preselected and their list has finally been made available. Phase 1 of the projects, which involves the formation of cooperation agreements between various partners, began at the end of October, a month late. This means that LGBT associations are still able to participate in projects, even without submitting one, and work has been underway on this in recent months.

Asylum, Immigration and Home Affairs

Following the Treaty of Amsterdam, the Member States met in Tampere in October 1999. On that occasion, the substance of the Area of Freedom, Security and Justice (AFSJ) was established, which was to be established within the borders of the Union. This is one of the most ambitious projects of recent years because it provides, among other things, for the harmonization of criminal law and cooperation between the police and judicial systems of the various countries.
"Freedom" also includes "freedom from discrimination." Lobbying within each country will play a key role to ensure that states wishing to join the Union eliminate any potential discriminatory rules.
The establishment of this Area may also have collateral effects for citizens of the EU Member States. By appealing to the need to ensure the mobility of EU citizens, one could perhaps address the discriminatory rules still present in the Union, especially regarding the status of same-sex couples. The margins are very narrow, and therefore the best course of action remains state-by-state recognition of couples.
One of the key points to be enforced at the national level is the rules for granting asylum, so that they explicitly take into account the sexual orientation of people coming from countries where homosexuality is punishable by law. Another battleground will be the rules for family reunification, so that it is also recognized for same-sex partners.

The Community Action Programme

The programme essentially consists of European projects financed by the Community as well as those undertaken directly by the Commission itself.
On the European Union website There is extensive information on the subject. ' one of the best links offered by the Union server.
Two committees (we have the list of members) consisting of two government representatives from each member state have been established under this Programme:

• Programme Committee: selects European projects to be funded, organises national seminars on the Directive and events to raise awareness
• Working group of officials (Working group of delegates): must supervise the transposition of the directives relating to Article 13

At the end of July, a call for proposals was issued for the formation of four international groups of non-governmental experts, one for each area of discrimination. Robert Wintemute, a lawyer with whom we have good contacts, formed an international group of lawyers who presented their proposals ready for the call. Stefano Fabeni, from Turin, is the Italian member of the group, chosen by Wintemute because they have been working together for over a year on another European project and know each other well.
From the information we have, it is clear that it is appropriate and necessary to put pressure on the national representatives of the two committees and to lobby them to also fully commit to the issue of discrimination based on sexual orientation.

The Commission holds Very Collect data to build a clear picture of the prevalence and impact of discrimination. It is important to circulate information among ILGA-Europe members through surveys, polls, and so on. The book "Modern Homosexuals" is an example of this data.

The deadline for submitting European projects has now passed in May – 71 projects have been preselected and their list has finally been made available. Phase 1 of the projects, which involves the formation of cooperation agreements between various partners, began at the end of October, a month late. This means that LGBT associations are still able to participate in projects, even without submitting one, and work has been underway on this in recent months.

Asylum, Immigration and Home Affairs

Following the Treaty of Amsterdam, the Member States met in Tampere in October 1999. On that occasion, the substance of the Area of Freedom, Security and Justice (AFSJ) was established, which was to be established within the borders of the Union. This is one of the most ambitious projects of recent years because it provides, among other things, for the harmonization of criminal law and cooperation between the police and judicial systems of the various countries.
"Freedom" also includes "freedom from discrimination." Lobbying within each country will play a key role to ensure that states wishing to join the Union eliminate any potential discriminatory rules.
The establishment of this Area may also have collateral effects for citizens of the EU Member States. By appealing to the need to ensure the mobility of EU citizens, one could perhaps address the discriminatory rules still present in the Union, especially regarding the status of same-sex couples. The margins are very narrow, and therefore the best course of action remains state-by-state recognition of couples.
One of the key points to be enforced at the national level is the rules for granting asylum, so that they explicitly take into account the sexual orientation of people coming from countries where homosexuality is punishable by law. Another battleground will be the rules for family reunification, so that it is also recognized for same-sex partners.