98 / 121
96
Discrimination and the Roma community, 2015
European judgments on anti-Gypsyism: Italy,
Bulgaria and Hungary
Cases in Italy and Bulgaria: judgments based
on Directive 2000/43
Council Directive 2000/43/EC of 29 June 2000 imple-
menting the principle of equal treatment between per-
sons irrespective of racial or ethnic origin was adopted
for many reasons including that of guaranteeing the en-
forcement of the equal treatment principle and prohib-
iting all forms of discrimination based on racial or ethnic
origin.
This Directive also prohibits all discrimination based on
racial or ethnic origin specifically concerning access to
and supply of goods and services.
For the first time, the civil court of Rome and the Court
of Justice of the European Union accepted the infringe-
ment of Directive 2000/43 in every one of their deci-
sions.
In so doing, they confirmed the existence of anti-Roma
discriminatory practices. The judgments were deliv-
ered in cases concerning Italy (Rome) and Bulgaria.
What issues did these cases address?
In Italy (judgment of 30 May 2015): the municipality of
Rome intended to build a segregated camp (La Barbuta)
to segregate a large number of Roma families and keep
them separate from the rest of the Italian population
simply for being Roma, excluding them all the services
and rights to which they are entitled as citizens.
In Bulgaria (judgment of 16 July 2015): the electricity
distribution company CHEZ RB installed electricity me-
ters at a disproportionate height, i.e. between 6 and 7
meters, in a neighbourhood where most residents are
Roma while these same meters in other neighbour-
hoods are installed at a height of 1.70 meters.
What effect to these judgments have?
In the case of Italy, the judgment prohibited the con-
struction of the isolated camp in La Barbuta intended to
isolate Roma families, and any other single-ethnic hous-
ing solution ultimately fostering social exclusion. The
civil court ordered the city of Rome to halt all future
actions and establish fair housing measures suited to
the needs of the Roma community in question.
In the case of Bulgaria, the judgment orders the elec-
tricity company to place electricity meters in such a
manner that the information they display is accessible
to citizens, and orders the court to check whether this
is a case of direct discrimination and, if it is not, whether
it is a case of indirect discrimination. The judgement
states that there are clear indications that the offence
infringes the Directive but it is not authorised to make
that determination.