Gender And The Court Of Justice Of The European Union
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Gender and the Court of Justice of the European Union by Jessica Guth,Sanna Elfving Pdf
Offering an alternative exploration of the Court of Justice of the European Union (CJEU) and its work, this book aims to start a conversation between legal, political and gendered examinations of the Court of Justice and some of the substantive areas of law it is concerned with. In doing so, it provides a broader and more holistic view of the Court and its work which can add to our understanding of the institution, its role and its case law as well as the contribution it can and does make to shaping law and policy and EU and national level.
Complex Equality and the Court of Justice of the European Union by Richard Lang Pdf
In Complex equality and the Court of Justice of the European Union: Reconciling Diversity and Harmonization, Richard Lang proposes that the EU’s judges adopt Walzerian Complex Equality as a complement to their existing, and unsatisfactory, test for equality based on Aristotle.
Gender and the European Union by Lucarelli, Sonia Pdf
Gender discrimination continues to be a reality in several parts of the world, also in Europe. The aim of this book is to provide an overview of both European Union’s (EU) gender policies and gender balance in EU institutions. It does so by looking at gender equality policies and the EU legal system concerning gender equality, women’s representation within diff erent institutions (and more particularly in the European External Action Service), gender rights as a type of human rights and the EU’s role in the external promotion of womens’ rights in third countries. The analysis shows that women’s representation in the EU institutions has increased in the last decades and that the EU has strengthened its att ention to gender rights in its external relations as well, however the results of both att empts are far from being fully satisfactory.
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.
Gendering the European Union by G. Abels,J. Mushaben Pdf
An exploration of European integration as seen through a gender lens. This book looks at integration theories, institutional relationships, enlargement, the development of gender law and the role of formal actors, scholars and expert networks in the EU policy-making process. With a focus on gender mainstreaming as a new approach to gender policy.
Gender Politics in the Expanding European Union by Silke Roth Pdf
In May 2004, after bringing their legislation into accordance with EU regulations, ten more countries joined the European Union. The contributors to this volume assess the impact of this historical development on gender relations in the new and old EU member states. Instead of focusing on either western or eastern Europe, this book investigates the similarities and differences in diverse parts of Europe. Although initially limited, gender equality was part of the original framework of the European Union, an organization often more open than national governments to feminist demands, as this volume illustrates with case studies from eastern and western Europe. The enlargement process thus provides some important policy instruments for increasing equality between men and women.
The European Court of Justice by Gráinne De Búrca,Joseph Weiler Pdf
This collection of essays originated in a series of seminars given at the summer courses of the Academy of European Law at the European University Institute, Florence in 1999.
The Court of Justice of the European Union and the Politics of Law by Sabine Saurugger,Fabien Terpan Pdf
The Court of Justice of the European Union (CJEU) is one of the central institutions of the EU and has played a decisive role in European integration. As one of the most powerful international courts, at a time when political systems around the world are becoming more judicialized, it is a key actor to understand in world affairs. Yet it is not without controversy. As both an interpreter of law and as a political power influencing policy-making through its bold case law, it has become increasingly criticized in recent years for its perceived activism and distance from the European people. Combining the perspectives of a legal scholar and a political scientist, this important new text gives a uniquely broad-ranging account of the CJEU. It introduces readers to the role and function of the Court and explains how it fits into the broader political system and historical evolution of the European Union. It examines the constitutional contributions made by the Court and the part it plays in policy-making, in areas such as the environment, gender equality and human rights. Drawing on the latest research, the book takes full account of recent changes to the place of the Court in the European political system, and shows how new forms of governance, such as the open method of coordination, have had a significant impact on the role the Court is able to play.
Gender and the European Union by Johanna Kantola Pdf
This broad ranging new text provides a systematic assessment of the emergence of gender as a significant issue on the EU agenda and of the EU's impact on gender inequality, both in terms of specifically gender-related policies and the gender dimensions of other policies.
Sex Equality Law in the European Union by Tamara K. Hervey,David O'Keeffe Pdf
Recoge: Part I. Equal pay -- Part II. Equal treatment -- Part III. Social security -- Part IV. Enforcement of sex equality in employment -- Part V. Citizenship and human rights -- Part VI. Women and internal market -- Part VII. Perspectives on sex equality law: proposals for reform.
The European Court and Civil Society by Rachel A. Cichowski Pdf
The European Union today stands on the brink of radical institutional and constitutional change. The most recent enlargement and proposed legal reforms reflect a commitment to democracy: stabilizing political life for citizens governed by new regimes, and constructing a European Union more accountable to civil society. Despite the perceived novelty of these reforms, this book explains (through quantitative data and qualitative case analyses) how the European Court of Justice has developed and sustained a vibrant tradition of democratic constitutionalism since the 1960s. The book documents the dramatic consequences of this institutional change for civil society and public policy reform throughout Europe. Cichowski offers detailed empirical and historical studies of gender equality and environmental protection law across fifteen countries and over thirty years, revealing important linkages between civil society, courts and the construction of governance. The findings bring into question dominant understandings of legal integration.
Courting Gender Justice by Lisa McIntosh Sundstrom,Valerie Sperling,Melike Sayoglu Pdf
Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.
Intended for use in courses on law and society, as well as courses in women's and gender studies, women and politics, and women and the law - this book that takes up the question of what women judges signify in several different jurisdictions in the United States, United Kingdom, and European Union. In so doing, its empirical case studies uniquely offer a model of how to study gender as a social process rather than merely studying women and treating sex as a variable. A gender analysis yields a fuller understanding of emotions and social movement mobilization, backlash, policy implementation, agenda setting, and representation. Lastly, the book makes a non-essentialist case for more women judges, that is, one that does not rest on women's difference.
