EU Non-Discrimination Law in the Courts

Approaches to Sex and Sexualities Discrimination in EU Law

Author: Jule Mulder

Publisher: Bloomsbury Publishing

ISBN: 1509906215

Category: Law

Page: 344

View: 1065

Since the year 2000, the material and personal scope of EU non-discrimination law has been significantly broadened and has challenged national courts to introduce a comprehensive equality framework into their national law to correspond with the European standard. The book provides a multi-layered culturally informed comparison of juridical approaches to EU (in)direct sex and sexualities discrimination and its implementation in Germany and the Netherlands. It examines how and why national courts apply national non-discrimination law with a European origin differently, although the legislation derives from the same set of EU law and the national courts have to respect the interpretive competence of the CJEU. The book provides valuable insights into the national and European context which shape the dialogue and influences of the courts inter se, the national application of EU law, and the harmonisation process within the area of gender equality law and beyond. A Dutch and German comparison is of special interest here because both countries' approaches towards non-discrimination law are quite different despite the similarities in the respective legal systems; they are founding members of the EU, they are neighbours, they are civil law countries, and their legal systems are relatively similar at least compared to Scandinavian and common law jurisdictions. Therefore, the different reception EU non-discrimination law cannot simply be explained by obvious differences between the legal systems. Their comparison thus provides an interesting case study to uncover legal and non legal, cultural and historic, factors which influence the application of EU non-discrimination law in both countries. The book is of interest for EU, comparative and equality lawyers.
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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: 6097

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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EU Anti-Discrimination Law

Author: Evelyn Ellis,Philippa Watson

Publisher: OUP Oxford

ISBN: 0191649473

Category: Law

Page: 576

View: 2892

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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The Law on Age Discrimination in the EU

Author: Malcolm Sargeant

Publisher: Kluwer Law International B.V.

ISBN: 9041125221

Category: Law

Page: 241

View: 9854

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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Non-Discrimination Law

Comparative Perspectives

Author: Titia Loenen,Paulo R. Rodrigues

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041110633

Category: Political Science

Page: 457

View: 4036

Equity law, John Hucker.
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European Non-discrimination Law

A Comparison of EU Law and the ECHR in the Field of Non-discrimination and Freedom of Religion in Public Employment with an Emphasis on the Islamic Headscarf Issue

Author: Sarah Haverkort-Speekenbrink

Publisher: Intersentia Uitgevers N V

ISBN: 9781780681269

Category: Law

Page: 377

View: 581

In Europe, contemporary multicultural issues raise the question as to whether the overlap between the non-discrimination regimes of the European Union and the Council of Europe in the field of public employment may lead to conflicting case law. Would the Court of Justice of the European Union (ECJ) and the European Court of Human Rights (ECtHR) address potential sex, race, and religious discrimination in a similar manner or would these courts take a different approach? This study consists of three parts. First, an analysis is presented of the EU non-discrimination Directives 2006/54, 2000/43, and 2000/78, and the ECJ's assessment in cases of alleged sex, race, and religious discrimination in the public workplace. This is followed by an examination of the non-discrimination provisions of the European Convention on Human Rights (ECHR) and the right to freedom of religion. Further, the ECtHR's assessment in cases involving potential discrimination in the public workplace based on sex, race, and religion are examined. In the final section, a comparison is made between the provisions and the assessment of the ECJ and the ECtHR. Besides a look at European legislation, case law, and academic literature, this research also uses a legal case study to explore the similarities and differences between the non-discrimination regimes. Accordingly, the theory is again discussed, but now in light of a much debated issue in Europe: the wearing of the Islamic headscarf in public employment. The result of the study is a detailed explanation of the relevant similarities and differences between the approaches of the two courts to claims of discrimination. (Series: School of Human Rights Research - Vol. 59)
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The principle of non-discrimination in international and European tax law

Author: Niels Bammens

Publisher: IBFD

ISBN: 9087221592

Category: Conflict of laws

Page: 1130

View: 1129

"The principle of non-discrimination plays a vital role in international and European tax law. This dissertation analyses the interpretation given to that principle in tax treaty practice and in the direct tax case law of the Court of Justice of the European Union (ECJ) on the fundamental freedoms. The objective of this analysis is twofold: to give a clear and thorough overview of both standards and to determine whether they share a common, underlying principle of non-discrimination. In order to achieve these objectives, a comprehensive selection of case law is discussed from the perspective of the two constitutive elements of discrimination, comparability and the existence of different treatment. Moreover, attention is drawn to the question whether a domestic measure that is found to be discriminatory may nevertheless be justified on the basis of reasons of public interest. Finally, the possible interplay between both standards is addressed. First, the partial overlap of the two non-discrimination rules may cause frictions. Complex triangular situations are possible, with conflicting rules giving rise to interpretation problems. A second issue discussed in this context is whether national courts of EU Member States are influenced by ECJ case law on the fundamental freedoms when interpreting the non-discrimination provision in tax treaties. Given the deficiencies of that provision, courts may be tempted to draw inspiration from the European standard. The relevant case law is discussed in order to determine whether there is indeed such an influence, and whether such an influence is appropriate."--Extracted from publisher website on May 20, 2015.
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The Involvement of EU Law in Private Law Relationships

Author: Dorota Leczykiewicz,Stephen Weatherill

Publisher: Bloomsbury Publishing

ISBN: 1782251057

Category: Law

Page: 492

View: 1540

The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.
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Indirect Discrimination

A Case Study Into the Development of the Legal Concept of Indirect Discrimination Under EC Law

Author: Christa Tobler

Publisher: Intersentia nv

ISBN: 9050954588

Category: Law

Page: 515

View: 7886

Introduced into European Community law by the Court of Justice through its case law in the field of free movement of workers, the legal concept of indirect discrimination has evolved into one with far wider and greater relevance to many other areas of EC law as well. Nonetheless, today the very meaning of the concept and its practical implications are often far from well understood. This book analyses the concept of indirect discrimination in a broad and comparative context, which encompasses both economic and social law. The subject is approached in such a manner that scholars, practitioners, and merely interested readers can profit from the opportunity to examine the development of the legal concept of indirect discrimination as well as its relationship to other important concepts under EC law. The study asks and offers answers well informed by case law, legislation, and the views of other commentators to the issues: Why was such a legal concept as indirect discrimination called for originally? What did this concept mean then, and what does it mean today? Given the many developments that have taken place in the conceptual framework of EC law, does a need for the concept of indirect discrimination still exist today? Christa Tobler teaches European Community law at the Universities of Basel (Switzerland) and Leiden (the Netherlands). In her research work, she puts a particular emphasis on issues of legal equality and discrimination.
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The Common European Sales Law in Context

Interactions with English and German Law

Author: Gerhard Dannemann,Stefan Vogenauer

Publisher: OUP Oxford

ISBN: 0191668184

Category: Law

Page: 856

View: 9877

European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.
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Der Europarat

Author: Aline Royer

Publisher: Council of Europe

ISBN: 9789287167842

Category:

Page: 63

View: 5880

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EMRK/GG

Konkordanzkommentar zum europäischen und deutschen Grundrechtsschutz

Author: Konstantin Meljnik

Publisher: Mohr Siebrek Ek

ISBN: 9783161481765

Category: Law

Page: 1922

View: 4014

English summary: This innovative commentary offers a unique insight into the interrelationship between human rights protection in domestic legal systems and the ever more important body of European human rights law. By drawing extensive comparisons between the substantive human rights guarantees and the mechanisms for their implementation in the German Basic Law, the European Convention on Human Rights and the EU/EC human rights regime, the commentary shows how the national and European rules can be understood as a formative part of an increasingly integrated, multi-tier-system of fundamental rights protection. German description: Diese Kommentierung eroffnet eine vollig neuartige Perspektive auf den europaischen und deutschen Grundrechtsschutz. An die Stelle einer jeweils mehr oder weniger ausschliesslich auf das Grundgesetz, die Europaische Menschenrechtskonvention oder die Charta der Grundrechte der Europaischen Union bezogenen Kommentierung tritt eine synoptische Darstellung der europaischen und deutschen Grundrechtsgewahrleistungen. Der Konkordanzkommentar analysiert auf der Grundlage der EMRK, des Grundgesetzes und des gemeinschafts- und unionsrechtlichen Grundrechtsschutzes das Verhaltnis der insoweit miteinander konkurrierenden und einander uberlappenden Rechtsordnungen.Fur den Praktiker ermoglicht diese Art der Kommentierung eine Einschatzung der Reichweite des deutschen im Verhaltnis zum europaischen Grundrechtsschutz. Der Wissenschaftler findet eine systematisch aufbereitete Querschnittsanalyse des europaischen Grundrechtsschutzes als Bestandteil des auf verschiedenen Ebenen stattfindenden europaischen Konstitutionalisierungsprozesses vor. Das Werk ist in drei Teile gegliedert. Gegenstand des ersten Teils sind die systematischen Grundlagen des Grund- und Menschenrechtsschutzes. Der zweite Teil bildet mit einer problemorientierten Kommentierung der Einzelgewahrleistungen auf der Grundlage der EMRK das Herzstuck des Kommentars. Im dritten Teil werden die Durchsetzungsmechanismen und die zwischen diesen bestehenden Wechselwirkungen analysiert.
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Europa ja - aber welches?

Zur Verfassung der europäischen Demokratie

Author: Dieter Grimm

Publisher: C.H.Beck

ISBN: 3406688705

Category: Political Science

Page: 288

View: 5278

Die Europäische Union hat keinen Mangel an Kritik und Akzeptanzproblemen – doch die Ursachen werden häufig an der falschen Stelle gesucht. Während viele hoffen, dass sich durch eine Ausweitung der Kompetenzen des Europäischen Parlaments das Demokratiedefizit der Union beheben lässt, zeigt Dieter Grimm, warum diese Hoffnung trügt. In grundsätzlichen Erörterungen und Einzelstudien zeigt Grimm, einer der renommiertesten deutschen Rechtswissenschaftler, dass eine Ursache für die starken Akzeptanzprobleme meist übersehen wird, nämlich die Verselbständigung der exekutiven und judikativen Organe der EU (Kommission und Europäischer Gerichtshof) von den demokratischen Prozessen in den Mitgliedstaaten und der EU selbst, die ihre Wurzel wiederum in der vom Gerichtshof vorgenommenen „Konstitutionalisierung der Verträge“ hat. Er geht den Ursachen für diese problematische Entwicklung nach und bietet Vorschläge zu ihrer Korrektur an.
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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: 1307

Mit einem Kapitel zur Schweiz.
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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: 9606

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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Employment Privacy Law in the European Union

Human Resources and Sensitive Data

Author: Alberto Arufe Varela

Publisher: Intersentia nv

ISBN: 9050953018

Category: Law

Page: 344

View: 3417

Information and knowledge have become crucial factors in modern labour markets. In this context, labour-management relations are characterised by an increasing and considerable flow of information. These developments are influenced by new management techniques, such as human resources management, in which the individual is identified as a key element in business success. Furthermore, there is the globalisation of the economy, the increase of international corporate mergers and the unfolding of the network society, which goes hand in hand with technological innovations. These developments not only multiplied the needs for information and the flow of data in employment relations, but also improved techniques of data processing revealing sensitive data of employees. This book deals with employment privacy law, a field of knowledge that increasingly gains influence in legal theory and daily practice. It concentrates on the legal regulation of general human resources data as well as sensitve data in the employment context. The book is developed within a comparative perspective, providing an overview and analysis of the Law of each Member State of the European Union in the field of study. It is completed by a comparative summary. Information and insights in this book will be of great value for practicing lawyers, human resources managers, academics, interest groups and policy makers. The specific issue of monitoring and surveillance in the workplace is covered in another highly recommended book,
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Regulatory Barriers and the Principle of Non-discrimination in World Trade Law

Past, Present, and Future

Author: Thomas Cottier,Petros C. Mavroidis,Switzerland) World Trade Forum (3rd : 1999 : Berne

Publisher: University of Michigan Press

ISBN: 9780472111008

Category: Business & Economics

Page: 456

View: 7494

Papers presented at the second annual World Trade Forum Conference held in Neuchâtel, Switzerland, on August 28-29, 1998.
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