Complying with EU Anti-Discrimination Law: the case of Roma children and segregation in schooling settings

The segregation and discrimination of Roma children in schooling settings across Europe is widespread. Particularly in Central and East European countries the segregation of Roma children is a common practice, which breaches EU anti-discrimination law (the Racial Equality Directive 2000/43/EC). Recently the Commission has launched the infringement procedure against the Czech Republic and Slovakia for failing to comply with EU anti-discrimination law due to the prevalence of Roma children discrimination due to their being sent to special schools (aimed at children with special needs). This paper aims to assess the extent to which EU legal action is the most effective EU instrument to elicit compliance with EU anti-discrimination law. Methodologically, the findings from this paper draw on qualitative interviews with EU officials and Roma stakeholders, as well as documentary analysis. The empirical evidence from Slovakia and the Czech Republic shows that these two countries have successfully transposed the Racial Equality Directive into national legislation, however, they failed to enforce it effectively in practice. Loopholes in national law and deficient implementation have enabled local authorities to pursue education policies that discriminated against the Roma children. These policies were further facilitated by the misuse of EU Structural Funds, which in practice were employed to reinforce the segregation of Roma communities, including children. It is argued the EU legal action, on its own, without the backing of EU policy and funds, is limited in achieving the compliance with EU law at national level. A more holistic, integrated approach, where the EU instruments addressing key factors, such as poverty, racism, lack of awareness, poor law enforcement, could be more effective in eliciting compliance with EU law.