The European Union As Protector And Promoter Of Equality

Author : Thomas Giegerich
Publisher : Springer Nature
Page : 493 pages
File Size : 46,5 Mb
Release : 2020-07-06
Category : Law
ISBN : 9783030437640

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The European Union as Protector and Promoter of Equality by Thomas Giegerich Pdf

This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles.

Author : Sonia Morano-Foadi,Micaela Malena
Publisher : Edward Elgar Publishing
Page : 419 pages
File Size : 48,6 Mb
Release : 2012-01-01
Category : Law
ISBN : 9780857936820

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Integration for Third Country Nationals in the European Union by Sonia Morano-Foadi,Micaela Malena Pdf

This highly original book provides an innovative analysis of EU migration and asylum law and its interplay with equality issues in order to assess the current integration framework for third-country nationals and to explore future scenarios in the European Context. Integration for Third-Country Nationals in the European Union focuses on the nexus between non-discrimination based on nationality and race, and the equality clauses covering different categories of regularly residing third-country nationals within EU law. It highlights the extent to which social rights that have been formally promised to non-EU citizens are enjoyed in practice. The contributing authors Ð who are both academics and practitioners Ð also consider the link between secure residence and equal treatment, highlighting on the implementation of EU Policies in aselection of Member States. Using socio-legal and comparative methods, this study provides an overview of the models of integration and social cohesion shaped by European and national actors in order to profile the present fragmented structure of European society and to discuss future possibilities. Academics, practitioners, and students interested in EU law and migration studies will find this enriching book invaluable.

Author : European Commission. Expert Group on Fundamental Rights
Publisher : Unknown
Page : 36 pages
File Size : 43,8 Mb
Release : 1999
Category : Amsterdam-traktaten
ISBN : UCSD:31822026408864

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Affirming Fundamental Rights in the European Union by European Commission. Expert Group on Fundamental Rights Pdf

Author : Jeremy B. Bierbach
Publisher : Springer
Page : 477 pages
File Size : 54,9 Mb
Release : 2017-02-09
Category : Law
ISBN : 9789462651654

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Frontiers of Equality in the Development of EU and US Citizenship by Jeremy B. Bierbach Pdf

This book provides a framework for comparing EU citizenship and US citizenship as standards of equality. If we wish to understand the legal development of the citizenship of the European Union and its relationship to the nationalities of the member states, it is helpful to examine the history of United States citizenship and, in particular, to elaborate a theory of ‘duplex’ citizenships found in federal orders. In such a citizenship, each person’s citizenship is necessarily ‘layered’ with the citizenship or nationality of a (member) state. The question this book answers is: how does federal citizenship, as a claim to equality, affect the relationship between the (member) state and its national or citizen? Because the book places equality, not allegiance to a sovereign at the center of its analysis of citizenship, it manages to escape traditional analyses of the EU that measure it by the standard of a sovereign state. The text presents a coherent account of the development of EU citizenship and EU civil rights for those who wish to understand their continuing development in the case law of the Court of Justice of the European Union. Scholars and legal practitioners of EU law will find novel insights in this book into how EU citizenship works, in order to be able to grasp the direction in which it will continue to develop. And it may be of great interest to American scholars of law and political science who wish to understand one aspect of how the EU works as a constitutional order, not merely as an order of international law, by comparison to their own history. Jeremy Bierbach is an attorney at Franssen Advocaten in Amsterdam. He holds a Ph.D. in European constitutional law from the University of Amsterdam, the Netherlands.

Author : Tawhida Ahmed
Publisher : Bloomsbury Publishing
Page : 246 pages
File Size : 43,8 Mb
Release : 2011-01-12
Category : Law
ISBN : 9781847316172

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The Impact of EU Law on Minority Rights by Tawhida Ahmed Pdf

This book provides a critical evaluation of the ways in which EU law engages with minority rights protection: at its core is an analysis of EU law and minority rights. Unlike the UN or ECHR, the EU has no competence to set standards on minority protection and this has been a point of disappointment for minority rights advocates. Indeed, this book will demonstrate that, in EU law, binding standards really only exist in the sphere of non-discrimination and are at their strongest in the field of employment. As such, binding standards within EU law affect only a small proportion of the canon of minority rights. However, the EU does have competence to promote diversity and facilitate redistribution of power and resources across the EU. According to a broad understanding of minority rights protection, acts of promotion and facilitation -alongside those of standard-setting - constitute essential underpinnings for minority protection. The EU's existing competences do therefore play a key role in minority protection. In order to support these conclusions, the book undertakes a comprehensive examination of the impact of EU law on minority rights protection. The book examines a broad range of the EU's legal provisions and principles which may affect minority protection, before undertaking in-depth analyses of the examples of minority cultural rights and minority linguistic rights. In addition, the final substantive chapter of the book contextualises the impact of EU law within the perspective of the overall needs of a specific group - the Roma minority. The concluding chapter draws together the EU's contribution to minority rights. In short, the EU can be seen as a promoter, but not a protector, of minority rights. Although not ideal, especially from the perspective of minorities, it is worth at least exploring such a view. Such an exploration would enable the EU most easily to build upon its existing competences and regulatory capacities. This book will be of interest to lawyers and activists concerned with minority rights and Roma rights protection within the EU. It will also be of relevance to those interested in understanding the dynamics between the EU and the international law community in overlapping areas of rights protection, and exploring how this informs our perception of the capacity of the EU to be a central actor in the field of rights protection.

Author : European Union. Agency for Fundamental Rights
Publisher : Unknown
Page : 41 pages
File Size : 42,8 Mb
Release : 2013
Category : Discrimination
ISBN : 9292392859

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Opinion of the European Union Agency for Fundamental Rights on the Situation of Equality in the European Union 10 Years on from Initial Implementation of the Equality Directives by European Union. Agency for Fundamental Rights Pdf

The European Union (EU) adopted two prominent pieces of legislation in 2000 aimed at efficiently fighting discrimination. The Racial Equality Directive and the Employment Equality Directive together create a well-developed anti-discrimination framework. Their wide-ranging scope, precedence over and direct effect on national systems resulted in a robust legislative package that left no doubt of the EU's legal commitment to protect those living in its territory from discrimination. Despite this decisive and influential step and the resulting progress made in many EU Member States' legal systems, evidence gathered by FRA shows that discrimination remains part of the daily experience of too many Europeans. Looking into the reasons for the divide between the law on the books and the situation on the ground, FRA has identified various factors that prevent more effective implementation of legal provisions and other mechanisms designed to improve protection against discrimination. To address the shortcomings identified, the following five opinions could be taken into account. -- EU Bookshop.

Author : Katharina Radloff
Publisher : Diplomica Verlag
Page : 73 pages
File Size : 44,7 Mb
Release : 2012
Category : Law
ISBN : 9783842872738

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Women?s Quotas Under EU Equality Law by Katharina Radloff Pdf

The purpose of this study is to investigate legislation and leading cases concerning positive discrimination in the European Union, with a particular focus on the recent debate about the most radical positive action measure: the implementation of women?s quotas by supranational legislation. This study seeks to answer the question if such a radical derogation from the equal treatment principle can be tolerated, keeping in mind the fundamental character of this principle in European law. The concept of substantive equality will be analysed and set against the ECJ case law under review. It will be criticised that the ECJ focused once more on a formalist approach and allows for positive action measures only to a very limited extent. If the European Union would impose women?s quotas for board members via supranational legislation, would this still be considered as a measure of positive discrimination or would it rather be a form of negative discrimination against men?

Author : Anonim
Publisher : Unknown
Page : 42 pages
File Size : 43,6 Mb
Release : 2004
Category : Discrimination
ISBN : STANFORD:36105114691103

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Equality and Non-discrimination in an Enlarged European Union by Anonim Pdf

Discussed is the progress of the non-discrimination policy of the European Union, the future policy and the enlargement of the EU and the implementation of the legal framework are described.

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 40,5 Mb
Release : 2011
Category : Electronic
ISBN : 3843326622

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Equality Between Women and Men in the European Union by Anonim Pdf

Author : Ottavio Quirico
Publisher : Taylor & Francis
Page : 158 pages
File Size : 48,9 Mb
Release : 2024-06-28
Category : Law
ISBN : 9781040043073

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Implementing International Disability Law in the European Union by Ottavio Quirico Pdf

This book investigates the implementation of disability rights and duties in the European Union, aiming to understand its functioning and explore ways forward through a critical analysis of the Convention on the Rights of Persons with Disabilities (CRPD) within the context of international regulation. Along the lines of the integration of fundamental rights within the common market, the EU has indeed progressively adopted meaningful regulation to advance disability rights, which are now essentially shaped by the CRPD. The research considers the interaction between law and policy at the international, EU and Member States’ level, focusing on three essential elements, including the sources of disability law, institutional mechanisms and substantive regulation. Grounded in the distinction between primary rules on law-making and secondary norms on enforcement, the analysis unfolds against the background of the ‘twin’ transitions on sustainability and digitalisation and encompasses the Council of Europe system, particularly in the light of the foreseeable accession of the EU to the European Convention on Human Rights. Arguably, following the progressive development it has facilitated in other regulatory areas, the Court of Justice of the European Union can provide a decisive contribution to advancing inclusiveness for people with disabilities in the Union. The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in EU and international disability law and politics.

Author : Jan Wouters,Manfred Nowak,Anna-Luise Chané,Nicolas Hachez
Publisher : Oxford University Press
Page : 672 pages
File Size : 40,7 Mb
Release : 2020-12-17
Category : Law
ISBN : 9780192543936

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The European Union and Human Rights by Jan Wouters,Manfred Nowak,Anna-Luise Chané,Nicolas Hachez Pdf

With the adoption of the Lisbon Treaty, the profile of human rights issues has greatly risen in relation to EU policies, whether internal or external. The EU has thereby made the commitment to ensure that all its actions are compliant with human rights, and seek to promote them. Yet, the EU's commitment has come under scrutiny, not only for its ground-breaking character, but also because recent events have put it to the test. This volume has been designed to take stock of these developments, to comprehensively discuss the conceptualization and operationalization of the EU's commitment to human rights throughout the EU's relationships, policies, actions and legislative activity, and to critically assess its outcome. This title is divided into four parts: 'Framework' presents the issues related to human rights promotion by the EU; 'Actors' delves into the relationships that play a part, at home or abroad, in regards to human rights policies and judgements; 'Policies' takes a case-study approach and systematically reviews a range of EU internal and external policies to assess their human rights impact and implementation; and finally, 'Strategies' provides an integrated assessment of the design and implementation of the EU's commitment to human rights. This book brings together essays from around the world, each discussing different aspects of EU commitment, and evaluating the extent to which the EU is delivering on it. Each chapter provides an introduction to the state of affairs, discusses opportunities and challenges, and provides recommendations. As such, it is an essential reference book on human rights policies throughout the EU and their impact throughout the world.

Author : European Commission. Directorate-General for Employment, Social Affairs and Equal Opportunities. Unit G.1
Publisher : Unknown
Page : 336 pages
File Size : 53,6 Mb
Release : 2006
Category : Law
ISBN : UOM:39015064778494

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Equality for Women and Men by European Commission. Directorate-General for Employment, Social Affairs and Equal Opportunities. Unit G.1 Pdf

"Contains all the Community legislative acts relating to gender equality, as well as other Community acts ... including recommendations, resolutions, communications, conclusions and other texts"-Foreword.

Author : European Commission. Directorate-General for Employment, Social Affairs and Equal Opportunities. Unit G.1
Publisher : Unknown
Page : 44 pages
File Size : 44,9 Mb
Release : 2005
Category : Law
ISBN : UOM:39015064110185

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Equality Between Women and Men in the European Union by European Commission. Directorate-General for Employment, Social Affairs and Equal Opportunities. Unit G.1 Pdf

Recoge: 1. The EU's tools for gender equality. - 2. Policy areas. - 3. Looking forward : future initiatives for gender equality.

Author : Dragica Vujadinović,Mareike Fröhlich,Thomas Giegerich
Publisher : Springer Nature
Page : 713 pages
File Size : 52,8 Mb
Release : 2023-02-03
Category : Law
ISBN : 9783031143601

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Gender-Competent Legal Education by Dragica Vujadinović,Mareike Fröhlich,Thomas Giegerich Pdf

Male-dominated law and legal knowledge essentially characterized the whole of pre-modern history in that the patriarchy represented the axis of social relations in both the private and public spheres. Indeed, modern and even contemporary law still have embedded elements of patriarchal heritage, even in the secular modern legal systems of Western developed countries, either within the content of legislation or in terms of its implementation and interpretation. This is true to a greater or lesser extent across legal systems, although the secular modern legal systems of the Western developed countries have made great advances in terms of gender equality. The traditional understanding of law has always been self-evidently dominated by men, but modern law and its understanding have also been more or less “malestreamed.” Therefore, it has become necessary to overcome the given “maskulinity” of legal thought. In contemporary legal and political orders, gender mainstreaming of law has been of the utmost importance for overcoming deeply and persistently embedded power relations and gender-based, unequal social relations. At the same time and equally importantly, the gender mainstreaming of legal education – to which this book aims to contribute – can help to gradually eliminate this male dominance and accompanying power relations from legal education and higher education as a whole. This open access textbook provides an overview of gender issues in all areas of law, including sociological, historical and methodological issues. Written for students and teachers around the globe, it is intended to provide both a general overview and in-depth knowledge in the individual areas of law. Relevant court decisions and case studies are supplied throughout the book.

Author : Alexander Somek
Publisher : OUP Oxford
Page : 240 pages
File Size : 49,8 Mb
Release : 2011-05-05
Category : Law
ISBN : 9780191621871

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Engineering Equality by Alexander Somek Pdf

In an age of widespread cutbacks on social spending, the prospects of social policy generally appear to be grim. If noticeable progress has been recently made in the European Union, then it is in regard to rooting out discrimination. Indeed, anti-discrimination law and policy appears to be the one sphere of social policy whose success is causally connected to the European Union. But how successful can anti-discrimination law be? This book uses legal analysis in order to expose the intrinsic shortcomings of common approaches. Anti-discrimination law fails to provide adequate legal guidance and therefore invites constant supplementation by pedagogical projects of social engineering. This book offers a genuinely leftist critique on anti-discrimination law, and concludes with a discussion of alternative models of solidarity in the Union.