EU Anti-Discrimination Law

Author: Evelyn Ellis,Philippa Watson

Publisher: OUP Oxford

ISBN: 0191649473

Category: Law

Page: 576

View: 8137

EU Anti-Discrimination Law provides a detailed and critical analysis of the corpus of European Union law prohibiting discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age, and sexual orientation. It takes into account the changes brought about by the Treaty of Lisbon and contains a thorough examination of the relevant case law of the Court of Justice of the EU. The book examines the background to the legislation and explains the essential characteristics and doctrines of EU law and their relevancy to the topic of anti-discrimination. It also analyses the increasingly significant general principles of EU law, the Charter of Fundamental Rights, and the relevant law flowing from the European Convention on Human Rights. The key concepts contained in anti-discrimination law are subjected to close scrutiny. The substantive provisions of the law on equal pay and the workplace and non-workplace provisions of the governing Directives are similarly examined, as are the numerous exceptions permitted to them. The complex rules governing the rights of pregnant women and those who have recently given birth are dealt with comprehensively and in a separate chapter. Equality in social security schemes is also discussed. The book concludes with an assessment of the practical utility of the existing law and the current proposals for its reform.
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Anti-discrimination Law and the European Union

Author: Mark Bell

Publisher: Oxford University Press

ISBN: 0199244502

Category: Law

Page: 269

View: 5785

This book provides a timely and topical overview of recent developments in EU anti-discrimination law. Examining in particular discrimination on the grounds of race and sexual orientation, it provides an account of the debate within the institutions and Member States, analysis of relevant case law from the Court of Justice, and coverage of the anti-discrimination directives adopted in 2001.
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European Union Non-Discrimination Law and Intersectionality

Investigating the Triangle of Racial, Gender and Disability Discrimination

Author: Anna Lawson

Publisher: Routledge

ISBN: 1317139216

Category: Law

Page: 340

View: 5183

This book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The book is focused on intersectionality between gender, race and disability and the question of whether, and to what extent, this intersection can be adequately addressed in (EU) law. The discussion rests on two basic assumptions. First, the multiplication of 'discrimination grounds' in EU law and other legal regimes should not result in a dilution of the demands of equality law. Accordingly, the book focuses on the three key grounds - race, gender and disability. These constitute nodes around which other discrimination grounds can be grouped. Second, any multi-ground non-discrimination law framework needs to engage with the question of discrimination on several grounds. This book provides a critical evaluation of some of the problems presented by such intersectionality and an opportunity to explore the issues in depth. This collection offers some new proposals relating to the regrouping of identity categories and to the general approach to socio-legal research in the field. It also contains a comparative section, which expands on practical experiences with intersectionality and law, and a section dedicated to juridical responses to intersectionality. The book will be a valuable resource for researchers, academics and those working in the area of EU non-discrimination law and policy.
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EU Anti-Discrimination Law beyond Gender

Author: Uladzislau Belavusau,Kristin Henrard

Publisher: Bloomsbury Publishing

ISBN: 1509915028

Category: Law

Page: 392

View: 8314

The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age. Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five 'newer' grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and – it is hoped – future of EU anti-discrimination law as, despite all the flaws in the Union's 'Garden of Earthly Delights', it offers one of the highest standards of protection in comparative anti-discrimination law.
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European Union Non-Discrimination Law

Comparative Perspectives on Multidimensional Equality Law

Author: Dagmar Schiek,Victoria Chege

Publisher: Routledge

ISBN: 1134049323

Category: Law

Page: 448

View: 8774

EU equality law is multidimensional in being based on different rationales and concepts. Consequently, the concept of discrimination has become fragmented, with different instruments envisaging different scopes of protection. This raises questions as to the ability of EU law to address the situation of persons excluded on a number of grounds. This edited collection addresses the increasing complexity of European Equality Law from jurisprudential, sociological and political science perspectives. Internationally renowned researchers from Scandinavian, Continental and Central European countries and Britain analyse consequences of multiplying discrimination grounds within EU equality law, considering its multidimensionality and intersectionality. The contributors to the volume theorise the move from formal to substantive equality law and its interrelation to new forms of governance, demonstrating the specific combination of non-discrimination law with welfare state models which reveal the global implications of the European Union. The book will be of interest to academics and policy makers all over the world, in particular to those researching and studying law, political sciences and sociology with an interest in human rights, non discrimination law, contract and employment law or European studies.
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The Law on Age Discrimination in the EU

Author: Malcolm Sargeant

Publisher: Kluwer Law International B.V.

ISBN: 9041125221

Category: Law

Page: 241

View: 4771

The EC Directive establishing a general framework for equal treatment in employment and occupation covers a number of grounds of discrimination including age. The EU's population is ageing, but there is much evidence that age discrimination is widespread. The Directive is a reaction to that and the consequent desire to encourage greater participation in the labour market by older workers. This is the first time that age discrimination has been made unlawful by the EU and, as a result, there are now laws in every Member State making such discrimination unlawful. The Directive, and much of the national legislation, however, treats age discrimination differently to the other grounds for unlawful discrimination. It is the only area which permits direct discrimination. Age discrimination generally may still be objectively justified by a legitimate aim if the means of achieving that aim are appropriate and necessary. Such aims include legitimate employment policy, labour market, and vocational training objectives. This insightful book--written by national experts in eight Member States and at the EU level--considers the ways in which the Directive has been implemented in some of the Member States and the extent to which they have taken advantage of the exceptions that are inherent in the Directive. Particular issues that are covered are: * what legislation has been adopted in each country * the development of the case law that exists in some States * the demographic imperative existing in each country * measures taken to improve the position of young people * retirement and the exit from the workforce of older workers * the approach and case law of the European Court of Justice As an important contribution towards an understanding of age discrimination within the European Union, this book opens a field of law that has heretofore not been considered in all its seriousness. It will be of real value to lawyers, human resource management professionals, and those with an interest in discrimination and EU issues. It is an important contribution to what will be a developing field of study
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The Principle of Equality in EU Law

Author: Lucia Serena Rossi,Federico Casolari

Publisher: Springer

ISBN: 331966137X

Category: Law

Page: 316

View: 2195

This book provides a comprehensive and updated legal analysis of the equality principle in EU law. To this end, it argues for a broad definition of the principle, which includes not only its inter-individual dimension, but also the equality of the Member States before the EU Treaties. The book presents a collection of high-quality academic and expert contributions, which, in light of the most recent developments in implementing the post-Lisbon legal framework, reflect the current interpretation of the equality principle, examining its performance in practice with a view to suggesting possible solutions in order to overcome recurring problems. To this end the volume is divided into three Parts, the first of which addresses a peculiar aspect of the EU equality that is mostly overlooked in the investigations devoted to this topic, namely, equality among States. Part II shifts to the inter-individual dimension of equality and explores some major developments contributing to (re)shaping the global framework of EU anti-discrimination law, while Part III undertakes a more practical investigation devoted to the substantive strands of that area of EU law.
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The EU Race Directive

Developing the Protection against Racial Discrimination within the EU

Author: Erica Howard

Publisher: Routledge

ISBN: 1135235775

Category: Law

Page: 238

View: 427

In 2000, the European Union adopted a Directive against discrimination on the grounds of racial or ethnic origin. This book provides an in-depth evaluation of the Race Directive and its effects, questioning how successful the Race directive has been. The EU Race Directive discusses the history of the fight against racial discrimination in the EU and the equality clauses in international Human Rights instruments. It then examines the terms race, racism and racial discrimination and equality in the Directive. The book also looks at the concepts of equality which can be distinguished in the Race Directive and in the subsequent developments at EU level. Examining whether the Directive has improved the protection against racial or ethnic origin discrimination for people within the EU, the book concludes with an assessment of how far the EU has come on the road to racial equality with the adoption of the Race Directive and the subsequent developments. It also contains proposals for possible improvements. The comprehensive and up-to-date analysis in this book goes beyond most other books written on the subject and the specific focus on racism and racial discrimination means a more thorough examination than most texts focusing on discrimination on a larger number of grounds. This book will be of great value to students and academics in (European) law, social sciences and human rights, researching racism, racial discrimination, ethnicity and race relations. It will also be useful for policy makers.
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Age Discrimination Law in Europe

Author: Nicky ten Bokum,Paul Bartelings

Publisher: Kluwer Law International B.V.

ISBN: 9041131310

Category: Law

Page: 401

View: 1577

Mit einem Kapitel zur Schweiz.
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Experimentalist Governance in the European Union

Towards a New Architecture

Author: Charles F. Sabel,Jonathan Zeitlin

Publisher: OUP Oxford

ISBN: 0191610186

Category: Political Science

Page: 386

View: 426

This book advances a novel interpretation of EU governance. Its central claim is that the EU's regulatory successes within-and increasingly beyond-its borders rest on the emergence of a recursive process of framework rule making and revision by European and national actors across a wide range of policy domains. In this architecture, framework goals and measures for gauging their achievement are established by joint action of the Member States and EU institutions. Lower-level units are given the freedom to advance these ends as they see fit. But in return for this autonomy, they must report regularly on their performance and participate in a peer review in which their results are compared with those of others pursuing different means to the same general ends. The framework goals, performance measures, and decision-making procedures are themselves periodically revised by the actors, including new participants whose views come to be seen as indispensable to full and fair deliberation. The editors' introduction sets out the core features of this experimentalist architecture and contrasts it to conventional interpretations of EU governance, especially the principal-agent conceptions underpinning many contemporary theories of democratic sovereignty and effective, legitimate law making. Subsequent chapters by an interdisciplinary group of European and North American scholars explore the architecture's applicability across a series of key policy domains, including data privacy, financial market regulation, energy, competition, food safety, GMOs, environmental protection, anti-discrimination, fundamental rights, justice and home affairs, and external relations. Their authoritative studies show both how recent developments often take an experimentalist turn but also admit of multiple, contrasting interpretations or leave open the possibility of reversion to more familiar types of governance. The results will be indispensable for all those concerned with the nature of the EU and its contribution to contemporary governance beyond the nation-state.
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The Development of Legal Instruments to Combat Racism in a Diverse Europe

Author: Jan Niessen,Isabelle Chopin

Publisher: Martinus Nijhoff Publishers

ISBN: 900413686X

Category: Law

Page: 323

View: 4485

Europe has come a long way at least in the institutional response to racism. This book describes the responses of the Council of Europe and the European Union to the worrying trends of racism and xenophobia in the 1990s, and considers the prospects for combating discrimination in Europe using tools that have emerged as a result. Part one looks at the evolution of the Council of Europe apparatus to combat discrimination and the anti-discrimination standards prescribed by its institutions. Part two considers the legislative measures recently adopted by the European Union. The contributions in Part three take a comparative perspective of all measures adopted at European level to combat racial and ethnic discrimination.
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Taking Employment Discrimination Seriously

Chinese and European Perspectives

Author: Yuwen Li,J. E. Goldschmidt

Publisher: Martinus Nijhoff Publishers

ISBN: 9004177175

Category: Law

Page: 306

View: 3854

Employment discrimination is present in any society. However, this severe social problem has escalated in the post-Mao era in China. The imbalance between supply and demand in the labour market, combined with a lack of general consciousness regarding labour rights, have contributed to the swift spread of discrimination. This book contains the most recent research on the reality of discrimination in China, and advocates for effective employment equality protection through law and specialised equality institutions. The study of equal treatment in the legal systems of the EU illustrates the important contribution law, together with general policies, can make to the improvement of equality in employment. While both systems face a distinctive range and degree of problems, employment discrimination ought to be taken seriously in China and the countries of the EU.
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EU Law: Text, Cases, and Materials

Author: Paul Craig,Gráinne de Búrca

Publisher: Oxford University Press

ISBN: 0199576998

Category: Law

Page: 1155

View: 1619

The fifth edition of EU Law: Text, Cases, and Materials provides clear and insightful analysis of European Law accompanied by carefully chosen extracts from a range of materials. This edition looks in detail at the way in which the Treaty of Lisbon has radically changed both the institutional and substantive law of the European Union.
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Research Handbook on EU Labour Law

Author: Alan Bogg,Cathryn Costello,A.C.L. Davies

Publisher: Edward Elgar Publishing

ISBN: 1783471123

Category: Law

Page: 592

View: 5781

Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law.
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Constitutional Values and European Contract Law

Author: Stefan Grundmann

Publisher: Kluwer Law International B.V.

ISBN: 9041127658

Category: Law

Page: 265

View: 7650

Two major developments in European Private and European Business Law come together when we speak about "Constitutional Values and European Contract Law". European Contract Law has become extreme?ly dynamic over the last 10 years, both in substance and perspec?tive: all core areas are considered now in legal science and in EC legislation, and there are even the prospects of some kind of codification. On the other hand, constitutional values and their impact on private law have been an issue of high concern in major Member States over decades, namely Italy and Germany, but as well the Netherlands - hence the strong presence of scholars and practising lawyers from these countries in this book. Constitutional values have, however, found their way to the EC level and the national discussions have inspired a European one, with three core values discussed: Fundamental Freedoms, fundamental rights and constitutional system building principles- such as the social welfare state or the rule of law. Their impact on private law can be sensed nowadays quite considerably also on the European level. These fundamental values are often seen as the ingredient, which renders European Private Law, namely European Contract Law, more responsive to social values or more "humane". For all these reasons, the book combines comparative law, EC Law and interdisciplinary approaches to the question "Constitutional Values and European Contract Law". Outstanding scholars from six Member States and beyond - quite a few also practising lawyers - discuss the issue and do so for the first time on such a broad and all encompassing basis.
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Equality and Anti-Discrimination Law

The Equality Act 2010 and other anti-discrimination protections

Author: Mark Butler

Publisher: Spiramus Press Ltd

ISBN: 1907444475

Category: Law

Page: 235

View: 8007

Equality and Anti-Discrimination Law covers The Equality Act 2010 and other anti-discrimination protections both within the UK legislation and in the context of EU law. The UK’s approach to ensuring equality for the workforce is notoriously difficult to navigate, with various aspects of protection being contained and discussed across a range of statutory and non-statutory instruments. Although the Equality Act 2010 is often viewed as central to the equality laws of the UK, there are other key areas that must also be borne in mind, including atypical worker protection and family friendly regulation: each of these are discussed to sufficient detail to enable the reader to gain a working understanding of how each operates. In considering each of these key areas this text attempts to decipher and navigate each of them with the end user in mind. The protections, and the thresholds that need to be satisfied to acquire the protections, are broken down into their constituent parts and analysed using key case law and relevant codes of practices with a view to ensuring that their practical use is understood by the reader. Through adopting this approach the book ensures that the reader gets to grips with key concepts that protect on an equality footing. The text takes account of case law from both UK courts, and European Courts where this is needed. This helps show the interaction that UK and EU law has in the area of equality law, and that the systems are interdependent to some extent. For those wishing to go beyond the simple practical application of the law the text touches upon a number of academic debates that exist in the area of equality law, to further stimulate those with an interest in the law, but further to highlight some of the perceived weaknesses that exist with the UK’s current approach to equality protection, and whets the appetite for further discussion.
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