Material scope

In some cases, the legislation does not refer to the material scope, but prohibits discrimination in general by certain individuals. For example, art. 7 of the Law on Civil Servants prohibits discrimination by civil servants while carrying out their duties. Although there is no explicit provision in the Law on Civil Servants prohibiting discrimination in the selection, recruitment or promotion of civil servants or in the provision of public housing or any other action, this article should be interpreted to cover all acts which are decided or carried out by civil servants. If interpreted and applied this way, then it can be concluded that the material scope of the legislation prohibiting discrimination, at least in the public sector, is unlimited and accordingly wider than the Directives. However, the same cannot be said for the acts of private persons. Although art. 11 of the Constitution stipulates that the provisions of the Constitution are binding upon individuals, as well as thelegislative, executive and judicial organs, administrative authorities and other institutions, it is unseen that this rule is applied by courts in private law matters. Consequently, if a person who wants to rent an apartment is discriminated against or a restaurant owner does not allow a person in, most probably articles 10 and 11 of the Constitution will not be much of a help. However, as in many issues, judicial interpretation is need.

Consequently, the material scope of the prohibition of discrimination is not clear in many situations and falls short of the Directives.