2012
Does the law foresee the shift of the burden of proof in civil / administrative procedures? Are there problems of implementation reported by independent authoritative sources?
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Austria
Yes. The shift of the burden proof is foreseen by Equal Treatment legislation. Problems in concrete interpretation are reported by independent sources.
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Bulgaria
Yes.
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Cyprus
Yes, the law does provide for the shifting of the burdenof proof. No problems have been recorded because no case involving racial discrimination was ever decided by the Courts. The Equality Body does not reverse the burden of proof for the purposes of its own investigation.
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Denmark
Yes.
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Finland
Yes, national law contains a provision on reversed burden of proof. The problems have most to do with the lack of cases in courts.
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France
The law foresees the shift of the burden of proof in civil / administrative procedures.
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Germany
Yes.
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Greece
Yes, but is hardly implemented
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Hungary
Yes.
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Ireland
Though the onus of proof lies with the plaintiff in constitutional actions, there is provision for the shifting of the burden of proof in discrimination cases. In 1997 a council directive on the burden of proof in sex discrimination cases was issued.. There has been some precedence’s applying this to other discrimination cases since. A report by EUMC found that to fully conform with EU directive on the subject amendments need to be made.
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Italy
Yes.
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Poland
Yes.
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Portugal
Yes, to some extent.
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Romania
YES, but it remains unclear how the National Council for Combating Discrimination and the civil courts apply it in practice, in what regards the actual shift.
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Slovenia
Yes. The Act Implementing the Principle of Equal Treatment provides for the shift of the burden of proof.
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Spain
Yes.
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Sweden
Yes