European Commission report on ‘Reversing the burden of proof’

Reversing the burden of proof: Practical dilemmas at the European and national level was published by the European Commission in May 2015.

The report examines the theoretical implications as well as the implementation and application on the national level of the anti-discrimination provisions requiring the reversal of the burden of proof from the claimant to the respondent when the claimant has established ‘facts from which it may be presumed that there has been direct or indirect discrimination’.