The Burden of Proof in Antidiscrimination Proceedings. A Focus on Belgium, France and Ireland
European Equality Law Review, No 2, 2019
17 Pages Posted: 23 Dec 2019
Date Written: September 4, 2019
This article aims to clarify the meaning and operation of the rules governing the burden of proof in discrimination cases under EU law. In addition to the text of the anti-discrimination directives, it looks at the guidelines provided by the Court of Justice of the European Union and at the application of these rules at the domestic level, focusing on three Member States: Belgium, France and Ireland.
Section 1 describes the basic operation of the burden of proof provision inserted in EU anti-discrimination directives, clarifies the respective obligations it entails for claimants and respondents and highlights differences resulting from whether direct or indirect discrimination is at stake. Section 2 considers in more detail the means of evidence that can be used to establish discrimination, with particular emphasis on statistics and situation testing. Section 3 examines the issue of complainants' access to information held by the alleged discriminator and Section 4 offers conclusions.
Keywords: Antidiscrimination Law, Discrimination Law, Burden of Proof, Means of Evidence, European Law, EU Law, Situation Testing
JEL Classification: K30, K31, K33
Suggested Citation: Suggested Citation