Why the 2024 European Commission Hearings Matter for Roma Rights
As the new European Commission takes shape, civil society organisations, policymakers, and citizens closely watch the hearings to understand how the next generation of European leadership will address key social and human rights challenges. For the Roma —one of the most marginalised and discriminated groups in Europe—this moment is critical. The Commissioner-designate for Crisis Management, Preparedness and Equality and the Commissioner-designate for Democracy, Justice and Rule of Law are pivotal in setting the agenda for combating discrimination, ensuring inclusion, and addressing systemic inequalities, including antigypsyism.
Ahead of the European Commission’s hearings, European Parliament Committees have submitted written questions for all the Commissioners-designates for their confirmations. While we found some positive aspects, we feel that the questions submitted by the Civil Liberties, Justice and Home Affairs (LIBE), Women’s Rights and Gender Equality (FEMM), and Employment and Social Affairs (EMPL) committees in general fail to include a consistent approach to intersectionality and antiracism.
In our analysis of these questions, we focused on how well the perspectives of racialised minorities, including Roma, are integrated into the inquiries and the extent to which intersectionality is being mainstreamed. These timely questions will shape the EU’s approach to equality and justice for the next five years.
This analysis aims to preview a broader concern: how the European Union’s policies on equality and justice will address the structural challenges and systemic inequalities faced by racialised groups across member states. It also asks whether the European Parliament will hold other institutions accountable for safeguarding fundamental rights, particularly for marginalised and vulnerable populations, in its commitment to democracy, justice, the rule of law, equality, and non-discrimination.
Questions for the Commissioner-Designate for Democracy, Justice and Rule of Law, Michael MCGRATH
LIBE Committee’s Questions: A missed chance to advocate for marginalised communities
The recent written questions posed by the LIBE Committee (Committee on Civil Liberties, Justice and Home Affairs) to the Commissioner-designate for Justice, Democracy, and Rule of Law reveal a significant oversight in addressing the specific needs of vulnerable and marginalised groups, particularly racialised communities such as the Roma.
While the questions address the promotion and respect of fundamental rights, including through the implementation of the relevant EU Court of Justice and ECHR case law and possible financial sanctions linked to breaches of the Fundamental Rights Charter and the protection and funding of civic society – the LIBE Committee’s questions fall short of tackling the systemic challenges faced by racialised minorities, who disproportionately suffer violations of their rights. The questions emphasise institutional accountability and legal frameworks without acknowledging how marginalised groups experience structural inequalities in housing, education, and policing. This omission is particularly concerning given the ongoing discrimination that communities like the Roma face within European justice and law enforcement systems.
By emphasising broad principles of justice and using fundamental rights language in general terms, the LIBE Committee risks missing the chance to stand up for those who face persistent discrimination, inadvertently reinforcing existing inequalities. The tone of the questions also raises concerns about a possible shift in the LIBE Committee’s priorities under this mandate, as it seems to be moving away from being vocal about defending the rights and freedoms of the EU’s most vulnerable and marginalised communities.
FEMM Committee’s Questions: A broader approach lacking intersectionality
The FEMM Committee (Committee on Women’s Rights and Gender Equality) adopts a similarly broad and universal approach to gender-based violence and equality. While the committee underscores the need for cohesive legislative proposals between justice and equality, its questions treat women as a uniform group, overlooking the distinct challenges faced by those at the intersections of race, migration status, and socio-economic background.
Vulnerable women, including Roma and migrant women, often face compounded discrimination, heightening their risk of violence and exclusion. By failing to address issues such as access to services and bias in the justice system, the FEMM Committee misses a crucial opportunity to advocate for targeted measures that could address the structural barriers these women face.
Questions to the Commissioner-Designate for Preparedness, Crisis Management and Equality, Hadja LAHBIB: Failing to Prioritise Intersectionality
LIBE Committee’s questions: Inconsistent language undermines the fight against intersectional discrimination
The questions posed by the LIBE Committee regarding anti-discrimination and other equality legislation include some positive aspects, such as the need for a legislative approach to fill gaps in the EU’s anti-discrimination framework. This includes unblocking the horizontal Anti-Discrimination Directive, ensuring the effective enforcement of EU anti-racism and anti-discrimination legislation, strengthening the rights of persons belonging to minorities, and extending the list of EU crimes to include hate speech and hate crimes, among other issues.
However, it would have been preferable for the LIBE Committee to use language that reflects the reality on the ground, specifically by mentioning racialised minorities instead of persons belonging to minorities, as the former are most affected by racial discrimination and inequality in Europe.
Although the question regarding the synergy and mainstreaming of EU equality strategies mentions both the Antiracism Action Plan and the EU Roma Strategic Framework, the question of creating safe and inclusive spaces for all individuals fails to mention other factors such as race, religion, disability, or age. This inconsistency may indicate a lack of political will among some members of the LIBE Committee to address intersectional injustice and inequalities coherently.
FEMM Committee’s questions fall short of fully addressing intersectionality in gender equality
A similar inconsistency regarding intersectionality is found in the questions addressed to the Commissioner-designate on Equality by the FEMM Committee. While intersectionality is acknowledged in health, education, and the provision of goods and services, it is omitted when discussing how women’s rights and gender equality are prioritised within the Commissioner-designate’s portfolio and across the new Commission.
When discussing women in precarious situations or conditions of vulnerability, the FEMM Committee focuses only on homeless women or women in rural and remote regions without acknowledging intersectionality as a factor compounding the vulnerabilities of women in such situations. Furthermore, when gender-based violence is discussed, the experiences of racialised women are not apparent, despite evidence that law enforcement frequently demonstrates bias when addressing cases of gender-based violence involving victims from racialised backgrounds.
Finally, when the LIBE Committee asks how the Commissioner-designate will ensure the full implementation of the Directive on Violence Against Women and Domestic Violence and the Istanbul Convention across the EU, the question remains too generic, raising concerns about for whom strictly these measures are intended.
EMPL questions overlook intersectionality in addressing vulnerabilities of marginalised groups
Unfortunately, the questions from the EMPL Committee reflect a similar approach, with a lack of consistency to intersectionality or the need to address the compounded vulnerabilities faced by racialised women or other individuals from racialised groups while only making specific references to persons with disabilities.
While the Committee is inquiring about an inclusive approach to equality, by creating links with the new Anti-Poverty Strategy, the European Pillar of Social Rights Action Plan and the new European Affordable Housing Plan, it fails to emphasise the vulnerability of racialised communities in Europe, including the Roma, which faces some of the highest poverty rates across the EU.
While we have focused specifically on the questions from the LIBE and FEMM Committees due to their relevance for racialised minorities, it is essential to note that other committees have submitted questions to the Commissioners-designate that also warrant attention. A common concern throughout is that many of these inquiries lack specificity regarding the unique challenges racialised and marginalised communities face in the EU and throughout Europe.
Suggestions for improving the questions from an intersectional and anti-racism perspective
As we look forward to the upcoming hearings, there are several ways that the individual MEPs, who are members of LIBE, FEMM, and other committees, can improve their inquiries to ensure they prioritise intersectionality and a cross-cutting approach to fighting racism and discrimination:
- Equality Data Collection: Questions on (equality) data should explicitly include an intersectional perspective. For example:
- How will you ensure that equality data collection includes an intersectional analysis that captures the experiences of individuals with multiple marginalised identities?
- Engagement with Marginalised Communities: Greater emphasis is needed on how Commissioners will engage with marginalised groups:
- How will you ensure the meaningful participation of marginalised groups and civil society, which represents their interests, in developing and implementing policies and legislation?
- Addressing Economic Barriers: Questions should tackle the compounded economic barriers faced by racialised women:
- What strategies will you implement to support women’s economic empowerment from racialised communities?
- Mental Health and Discrimination: The intersection of mental health with discrimination needs more attention:
- How will you address the mental health needs of marginalised groups experiencing discrimination and exclusion?
- Environmental and Social Justice: The EU should consider the intersection of environmental degradation and inequality:
- What initiatives will you propose to address the intersectional impacts of environmental degradation on vulnerable groups?
- Global Role in Promoting Intersectional Equality: The EU’s role in global migration and refugee policy should reflect a commitment to intersectionality:
- How will your strategies consider the rights of migrants and refugees from diverse backgrounds?
A call for intersectionality in EU policy
As the European Commission hearings proceed, Roma rights and other intersectional inequalities must remain a focus for the new leadership. The questions posed thus far highlight significant gaps in addressing the systemic challenges faced by racialised communities. These oversights are not merely symbolic; they reflect a broader issue of how critical committees engage with the rule of law and justice matters. The lack of emphasis on intersectionality, racism, and equality in these inquiries raises urgent questions about the European Parliament’s commitment to holding the incoming commissioners accountable.
As MEPs also have the possibility for oral questions, members of LIBE and FEMM can still refine their questions, and our recommendations are designed to ensure that the inquiries in the Commissioners; hearings reflect the realities of millions of racialised and vulnerable communities in Europe. The stakes are high—these questions will shape how the EU operates over the next five years. If the European Parliament and its committees are not prepared to be bold and ambitious from the onset, particularly in advocating for the rights of racialised communities, they risk undermining the fundamental rights and equal opportunities for all. Civil society has already voiced its concerns, and these perspectives must be integrated into the decision-making processes.