Reverse Discrimination In Ec Law

Author : Alina Tryfonidou
Publisher : Kluwer Law International B.V.
Page : 294 pages
File Size : 50,5 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041127518

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Reverse Discrimination in EC Law by Alina Tryfonidou Pdf

Discrimination is an incongruity in the contemporary EC. Then, the author provides an in-depth analysis of two of the post-Maastricht developments in the context of free movement: the establishment of the status of Union citizenship by the Treaty of Maastricht in 1993 and the development of that status through the Court's recent jurisprudence; and the formal completion of the internal market in 1993, as required by the provisions inserted into the EC Treaty by the Single European Act. Focusing on the central issue of whether reverse discrimination is - and should remain - outside the scope of EC law, the author explains what has been the impact of each of these developments on the question of the permissibility of reverse discrimination in EC law. A brief discussion of the available solutions to the problem and their advantages and disadvantages concludes the presentation. This is a ground-breaking study in an area of European law that has received scant academic attention so far and is just beginning to be explored. In it, scholars, policymakers and practitioners will discover a firm foundation from which to pursue and ultimately define the limits of reverse discrimination in EC law.

Author : Valérie Verbist
Publisher : Unknown
Page : 0 pages
File Size : 52,6 Mb
Release : 2017
Category : Discrimination
ISBN : 1780684584

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Reverse Discrimination in the European Union by Valérie Verbist Pdf

Reverse Discrimination in the European Union offers an up-to-date standard reference work on reverse discrimination.

Author : Anne Walter
Publisher : Unknown
Page : 0 pages
File Size : 46,9 Mb
Release : 2008
Category : Citizenship
ISBN : 9058503860

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Reverse Discrimination and Family Reunification by Anne Walter Pdf

This study has been presented at a conference in October 2008 in Osnabruck. Introduction So-called reverse discrimination occurs when EU Member States treat their own nationals less favourably than nationals of other Member States in situations where Community law applies. This phenomenon (discrimination of nationals or in German Inlanderdiskriminierung) signifies that (in reverse) nationals and not foreigners are discriminated against. The term 'EU citizen' in this study describes mobile EU nationals exercising their freedom of movement rights. This phenomenon, known in various areas of European law and sometimes leading to odd results, is defined differently from a European or national law perspective. Reverse discrimination is primarily understood to be the result of the limited scope of Community law. In cases with a person- or content-related link to EC law the special prohibition of discrimination based on nationality under Article 12 EC is applicable. The description of what is a 'matter of Community law' acts at the same time as a boundary to what falls under a national approach. Cases without such a link to Community law, on the other hand are called 'purely internal situation'. These cases are treated solely under national law of the Member States, and can differ from the solution under Community law. Reverse discrimination therefore pertains to an interface between Community law and national law, and hence the fundamental questions - scope and mode of operation - are related to the concept of Community law and raise the question of its objectives. Since the latter are not static in a European Union built on development, the phenomenon is simultaneously accorded a temporary character: "Reverse discrimination is clearly impossible in the long run within a true internal market, which must of necessity be based on the principle of equal treatment. Such discrimination must be eliminated [by means of the harmonisation of legislation]". Up to this point, national law is applicable and reverse discrimination is outside the scope of Community law, especially Article 12 EC. From a national perspective, it is consequentially left to national law to solve the problem of reverse discrimination - possibly by adjusting it to Community law.

Author : Gareth Davies
Publisher : Kluwer Law International B.V.
Page : 244 pages
File Size : 43,7 Mb
Release : 2003-01-24
Category : Law
ISBN : 9789041119988

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Nationality Discrimination in the European Internal Market by Gareth Davies Pdf

Despite the high-flown rhetoric of civil society, it cannot be denied that discrimination is still with us; it has merely gone 'underground'. This text exposes a polity that defines discrimination correctly but then refuses to see it where it occurs.

Author : Lucia Serena Rossi,Federico Casolari
Publisher : Springer
Page : 316 pages
File Size : 45,6 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.

Author : Johanna Croon-Gestefeld
Publisher : Bloomsbury Publishing
Page : 279 pages
File Size : 54,9 Mb
Release : 2017-02-23
Category : Law
ISBN : 9781509909681

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Reconceptualising European Equality Law by Johanna Croon-Gestefeld Pdf

This important new book seeks to widen the understanding of the principle of equality within European law. Firstly, it deconstructs the European Court of Justice's adjudication of cases in the field. It then explores how the Member States' courts decide on the question of equality. This detailed rigorous research allows the author to argue for a reconceptualised equality doctrine. Such an adaptation, the author argues, will provide judges, practitioners and academics with the tools to balance institutional considerations against substantive interpretation. Theoretically ambitious, while grounded in practical application, this is a significant restatement of one of the key principles of European law: the equality doctrine.

Author : Sandra Fredman FBA
Publisher : OUP Oxford
Page : 384 pages
File Size : 45,5 Mb
Release : 2011-05-26
Category : Law
ISBN : 9780199584420

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Discrimination Law by Sandra Fredman FBA Pdf

Equality is an ideal to which we all aspire. Yet the more closely we examine it, the more its meaning shifts. How do we explain how equal treatment can in effect lead to inequality, while unequal treatment might be necessary in order to achieve equality? The apparent paradox can be understood if we accept that equality can be formulated in different ways, depending on which underlying conception is chosen. In this highly readable yet challenging book, Sandra Fredman examines theways in which discrimination law addresses these questions.The new edition retains the format of the highly successful first edition, while incorporating the many new developments in discrimination law since 2002, including the Equality Act 2010, human rights law, and EU law. By using a thematic approach, the book illuminates the major issues in discrimination law, while at the same time imparting a detailed understanding of the legal provisions. The comparative approach is particularly helpful; by examining comparable law in the US, India, Canada, andSouth Africa, as well as the UK, the book exposes common problems and canvasses differing solutions. As in the previous edition, the book locates discrimination in its wider social and historical context. Drawing on the author's wide experience of equality law in many jurisdictions, she creates ananalytic framework to assess the substantive law.The book is a thought-provoking and accessible overview of the way in which equality law has adjusted to new and increasingly complex challenges. It concludes that progress has been evident, but uneven. Those dedicated to equality still face an exacting, but ultimately deeply rewarding, task.

Author : Sacha Garben,Inge Govaere
Publisher : Bloomsbury Publishing
Page : 360 pages
File Size : 44,8 Mb
Release : 2017-10-05
Category : Law
ISBN : 9781509913473

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The Division of Competences between the EU and the Member States by Sacha Garben,Inge Govaere Pdf

The issue of competence division is of fundamental importance as it reflects the 'power bargain' struck between the Member States and their Union, determining the limits of the authority of the EU as well as the limits of the authority of the Member States. It defines the nature of the EU as a polity, as well as the identity of the Member States. After over six years since the entry into force of the Lisbon Treaty, it is high time to take stock of whether the reforms that were adopted to make the Union's system of division of competences between the EU Member States clearer, more coherent, and better at containing European integration, have been successful. This book asks whether 'the competence problem' has finally been solved. Given the fundamental importance of this question, this publication will be of interest to a wide audience, from constitutional and substantive EU law scholars to practitioners in the EU institutions and EU legal practice more generally.

Author : Alexandre Saydé
Publisher : Bloomsbury Publishing
Page : 428 pages
File Size : 46,8 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782254041

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Abuse of EU Law and Regulation of the Internal Market by Alexandre Saydé Pdf

How can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.

Author : Evelyn Ellis,Philippa Watson
Publisher : OUP Oxford
Page : 576 pages
File Size : 45,8 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.

Author : Nathan Cambien,Dimitry Kochenov,Elise Muir
Publisher : BRILL
Page : 562 pages
File Size : 52,9 Mb
Release : 2020-09-07
Category : Law
ISBN : 9789004433076

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European Citizenship under Stress by Nathan Cambien,Dimitry Kochenov,Elise Muir Pdf

European citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.

Author : R. Kent Greenawalt
Publisher : Alfred a Knopf Incorporated
Page : 260 pages
File Size : 46,9 Mb
Release : 1982-12-01
Category : Law
ISBN : 0075543923

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Discrimination and Reverse Discrimination by R. Kent Greenawalt Pdf

Author : Niels Bammens
Publisher : IBFD
Page : 1151 pages
File Size : 47,9 Mb
Release : 2012
Category : Conflict of laws
ISBN : 9789087221591

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The principle of non-discrimination in international and European tax law by Niels Bammens Pdf

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.

Author : Tonia Novitz,Claire Kilpatrick,Paul Skidmore
Publisher : Hart Publishing
Page : 346 pages
File Size : 48,7 Mb
Release : 2000-11-20
Category : Law
ISBN : 9781841130828

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The Future of Remedies in Europe by Tonia Novitz,Claire Kilpatrick,Paul Skidmore Pdf

This book explores the lively and often controversial dialogues between courts,national and supranational, on remedies.

Author : Uladzislau Belavusau,Kristin Henrard
Publisher : Bloomsbury Publishing
Page : 392 pages
File Size : 41,5 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.