Dynamic interpretation

The working group on dynamic interpretation focuses on how to interpret the legal concepts and issues in anti-discrimination legislation with a view to harmonised implementation of EU law in this area. It mainly concentrates on securing equality at the highest possible level.

The working group has a practical approach to dynamic interpretation using real-life cases brought before them to form a basis for a comparative analysis of the application of anti-discrimination law in their different countries. It asks partners (including themselves) to consider cases, based on real cases that come before certain Equinet partners, and to apply their own national law to the facts of these cases. The outcomes are thereafter analysed and presented in a report.

The cases are selected on the basis that they relate to various discrimination grounds and fields, to enable Equinet partners dealing with only one or a few grounds to make a contribution. In general however it can be said that the cases provide a good overview of the range of practices in the EU. The strength of the working group’s work thus is to be found in that the analyses are based on the practices of Equality bodies, which work with the various European equality directives in their daily practice.

By working from a European perspective, gaps and obstacles in national legislations and practices become clear. The questions that come with the cases are based on the structure of the European equality directives (this is to ensure everyone understands the questions and that also exceptions which are possible under the Directives but which are not implemented in every country, are taken into account).

Every year three members of the working group provide for and analyse a case, highlighting key findings and conclusions. In addition, overall conclusions are drawn up by the working group during a meeting at which the report is discussed. One of the activities of the Working Group is also to identify the possibilities of performing the strategic litigation in the European Courts by Equinet Members.