Eu Anti Discrimination Law

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EU Anti-Discrimination Law

Author : Evelyn Ellis,Philippa Watson
Publisher : OUP Oxford
Page : 576 pages
File Size : 54,5 Mb
Release : 2012-11-29
Category : Law
ISBN : 9780191649462

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EU Anti-Discrimination Law by Evelyn Ellis,Philippa Watson Pdf

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.

EU Anti-Discrimination Law Beyond Gender

Author : Uladzislau Belavusau,Kristin Henrard
Publisher : Bloomsbury Publishing
Page : 392 pages
File Size : 46,8 Mb
Release : 2018-11-15
Category : Law
ISBN : 9781509915002

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EU Anti-Discrimination Law Beyond Gender by Uladzislau Belavusau,Kristin Henrard Pdf

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.

EU Anti-Discrimination Law

Author : Evelyn Ellis,Philippa Watson
Publisher : OUP Oxford
Page : 576 pages
File Size : 53,5 Mb
Release : 2012-11-29
Category : Law
ISBN : 9780191649479

Get Book

EU Anti-Discrimination Law by Evelyn Ellis,Philippa Watson Pdf

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.

European Union Non-Discrimination Law and Intersectionality

Author : Anna Lawson
Publisher : Routledge
Page : 340 pages
File Size : 40,6 Mb
Release : 2016-07-22
Category : Law
ISBN : 9781317139218

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European Union Non-Discrimination Law and Intersectionality by Anna Lawson Pdf

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.

EU Anti-Discrimination Law Beyond Gender

Author : Uladzislau Belavusau,Kristin Henrard
Publisher : Bloomsbury Publishing
Page : 392 pages
File Size : 47,6 Mb
Release : 2018-11-15
Category : Law
ISBN : 9781509915002

Get Book

EU Anti-Discrimination Law Beyond Gender by Uladzislau Belavusau,Kristin Henrard Pdf

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.

European Union Non-Discrimination Law

Author : Dagmar Schiek,Victoria Chege
Publisher : Routledge
Page : 623 pages
File Size : 52,5 Mb
Release : 2009-06-02
Category : Law
ISBN : 9781134049318

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European Union Non-Discrimination Law by Dagmar Schiek,Victoria Chege Pdf

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.

Equality and Non-Discrimination in the EU

Author : Giovanni Zaccaroni
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 49,6 Mb
Release : 2021-02-26
Category : Law
ISBN : 9781789904604

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Equality and Non-Discrimination in the EU by Giovanni Zaccaroni Pdf

Discussing the fundamental role played by equality and non-discrimination in the EU legal order, this insightful book explores the positive and negative elements that have contributed to the consolidation of the process of EU legal integration. It provides an in-depth analysis of the three key dimensions of equality in the EU: equality as a value, equality as a principle and equality as a right.

Engineering Equality

Author : Alexander Somek
Publisher : Oxford University Press
Page : 234 pages
File Size : 54,7 Mb
Release : 2011-05-05
Category : Law
ISBN : 9780199693375

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Engineering Equality by Alexander Somek Pdf

Examining the rise of European anti-discrimination law, this book provides a critique of the focus on and implementation of, anti-discrimination law.

Compliance Patterns with EU Anti-Discrimination Legislation

Author : Vanja Petri?evi?
Publisher : Springer
Page : 210 pages
File Size : 55,5 Mb
Release : 2015-07-15
Category : Political Science
ISBN : 9781137495198

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Compliance Patterns with EU Anti-Discrimination Legislation by Vanja Petri?evi? Pdf

This book provides an in-depth and timely analysis of the member states' compliance patterns with the key European Union Anti-Discrimination Directives. It examines the various structural, administrative, and individual aspects which significantly affect the degree and the nature of compliance patterns in select European Union member states.

General Principles of EU Law and the EU Digital Order

Author : Ulf Bernitz,Xavier Groussot,Jaan Paju,Sybe Alexander de Vries
Publisher : Kluwer Law International
Page : 0 pages
File Size : 52,5 Mb
Release : 2020
Category : Information technology
ISBN : 9403511656

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General Principles of EU Law and the EU Digital Order by Ulf Bernitz,Xavier Groussot,Jaan Paju,Sybe Alexander de Vries Pdf

General Principles of EU Law and the EU Digital Order' addresses the role of general principles in the era of digitalization and the (potential) impact of digitalization on the theory of general principles of union law. Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the European Union?s (EU?s) digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of?big data? and algorithms. This book presents expert analyses of how digitalization raises questions of the future role for general principles of EU law, including the foundational principles of the EU?s fundamental economic freedoms and EU competition rules.

Discrimination at Work

Author : Marie Mercat-Bruns
Publisher : Univ of California Press
Page : 387 pages
File Size : 41,5 Mb
Release : 2016-02-22
Category : Social Science
ISBN : 9780520283800

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Discrimination at Work by Marie Mercat-Bruns Pdf

Consists of interviews with American professors.

Racism and Equality in the European Union

Author : Mark Bell
Publisher : Oxford University Press
Page : 250 pages
File Size : 40,9 Mb
Release : 2008
Category : Law
ISBN : 9780199297849

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Racism and Equality in the European Union by Mark Bell Pdf

Mark Bell explores the effect of anti-racism policies in topical areas of EU law and policy including employment, social inclusion, immigration, and the criminal law.

Cases, Materials and Text on National, Supranational and International Non-Discrimination Law

Author : Dagmar Schiek,Lisa Waddington,Mark Bell,Tufyal Choudhury,Olivier De Schutter,Janneke Gerards,Aileen McColgan KC,Gay Moon
Publisher : Bloomsbury Publishing
Page : 701 pages
File Size : 52,5 Mb
Release : 2007-08-31
Category : Law
ISBN : 9781847316974

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Cases, Materials and Text on National, Supranational and International Non-Discrimination Law by Dagmar Schiek,Lisa Waddington,Mark Bell,Tufyal Choudhury,Olivier De Schutter,Janneke Gerards,Aileen McColgan KC,Gay Moon Pdf

This casebook, the result of the collaborative efforts of a panel of experts from various EU Member States, is the latest in the Ius Commune Casebook series developed at the Universities of Maastricht and Leuven. The book provides a comprehensive and skilfully designed resource for students, practitioners, researchers, public officials, NGOs, consumer organisations and the judiciary. In common with earlier books in the series, this casebook presents cases and other materials (legislative materials, international and European materials, excerpts from books or articles). As non-discrimination law is a comparatively new subject, the chapters search for and develop the concepts of discrimination law on the basis of a wide variety of young and often still emerging case law and legislation. The result is a comprehensive textbook with materials from a wide variety of EU Member States. The book is entirely in English (i.e. materials are translated where not available in English). At the end of each chapter a comparative overview ties the material together, with emphasis, where appropriate, on existing or emerging general principles in the legal systems within Europe. The book illustrates the distinct relationship between international, European and national legislation in the field of non-discrimination law. It covers the grounds of discrimination addressed in the Racial Equality and Employment Equality Directives, as well as non-discrimination law relating to gender. In so doing, it covers the law of a large number of EU Member States, alongside some international comparisons. The Ius Commune Casebook on Non-Discrimination Law - provides practitioners with ready access to primary and secondary legal material needed to assist them in crafting test case strategies. - provides the judiciary with the tools needed to respond sensitively to such cases. - provides material for teaching non-discrimination law to law and other students. - provides a basis for ongoing research on non-discrimination law. - provides an up-to-date overview of the implementation of the Directives and of the state of the law. This Casebook is the result of a project which has been supported by a grant from the European Commission's Anti-Discrimination Programme. See the detailed website for this book: www.casebooks.eu/nonDiscrimination/.

The Principle of Equality in EU Law

Author : Lucia Serena Rossi,Federico Casolari
Publisher : Springer
Page : 316 pages
File Size : 51,7 Mb
Release : 2017-11-23
Category : Law
ISBN : 9783319661377

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The Principle of Equality in EU Law by Lucia Serena Rossi,Federico Casolari Pdf

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.

European Non-discrimination Law

Author : Sarah Haverkort-Speekenbrink
Publisher : Unknown
Page : 0 pages
File Size : 52,8 Mb
Release : 2012
Category : Discrimination
ISBN : 1780681267

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European Non-discrimination Law by Sarah Haverkort-Speekenbrink Pdf

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)