The Principle Of Equality In Eu Law

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The Principle of Equality in EU Law

Lucia Serena Rossi,Federico Casolari
The Principle of Equality in EU Law Book PDF

Author : Lucia Serena Rossi,Federico Casolari
Publisher : Springer
Page : 316 pages
File Size : 43,5 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.

Equality and Non-Discrimination in the EU

Giovanni Zaccaroni
Equality and Non Discrimination in the EU Book PDF

Author : Giovanni Zaccaroni
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 41,9 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.

More Equal than Others?

Daniele Amoroso,Loris Marotti,Pierfrancesco Rossi,Andrea Spagnolo,Giovanni Zarra
More Equal than Others Book PDF

Author : Daniele Amoroso,Loris Marotti,Pierfrancesco Rossi,Andrea Spagnolo,Giovanni Zarra
Publisher : Springer Nature
Page : 362 pages
File Size : 45,5 Mb
Release : 2022-11-18
Category : Law
ISBN : 9789462655393

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More Equal than Others? by Daniele Amoroso,Loris Marotti,Pierfrancesco Rossi,Andrea Spagnolo,Giovanni Zarra Pdf

This book analyses the principle of equality from three perspectives: public international law, private international law and EU law. It is the first book in English providing a comprehensive overview of this principle in these areas of law and showing the current trends and issues concerning its application. Its main goal is to understand whether and to what extent the principle of equality has been affirmed in public and private international law, as well as EU law, and what – if any – the common core of this principle is. The analysis carried out in this contributed volume starts from general analyses of the principle of equality in the areas of the law covered by the book and then discusses the principle in more specific areas, such as human rights law, international adjudication (including investment law) and the law of international organizations. The book is intended to become a benchmark for academics dealing with matters of equality in public international law, private international law and EU law. It will be a useful tool for practitioners too, the collected chapters being based on the relevant case law dealing with the principle of equality. Daniele Amoroso is Professor of International Law in the Department of Law of the University of Cagliari, Cagliari, Italy. Loris Marotti is Assistant Professor of International Law in the Department of Law at the Federico II University of Naples, Italy. Pierfrancesco Rossi is Postdoctoral Fellow in International Law in the Department of Law of Luiss University, Rome, Italy. Andrea Spagnolo is Professor of International Law in the Department of Law of the University of Turin, Turin, Italy. Giovanni Zarra is Professor of International Law and International Litigation in the Department of Law at the Federico II University of Naples, Italy.

European Union Non-Discrimination Law

Dagmar Schiek,Victoria Chege
European Union Non Discrimination Law Book PDF

Author : Dagmar Schiek,Victoria Chege
Publisher : Routledge
Page : 444 pages
File Size : 55,8 Mb
Release : 2009-06-02
Category : Law
ISBN : 9781134049325

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

This edited collection addresses the multidimensionality of EU equality law from conceptual as well as practical perspectives. Bringing together academics from all over Europe and from different disciplines, including law, politics and sociology, the book focuses on the question of multidimensionality and intersectionality, and deals with the consequences of multiplying discrimination grounds within EU equality law.

Equality and Non-Discrimination in the EU

Giovanni Zaccaroni
Equality and Non Discrimination in the EU Book PDF

Author : Giovanni Zaccaroni
Publisher : Edward Elgar Publishing
Page : 192 pages
File Size : 44,6 Mb
Release : 2021-02-28
Category : Electronic
ISBN : 1789904595

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

Discussing the fundamental role played by the principles of 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. Providing 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 - this incisive book investigates the place and scope of equality within the founding values of the EU. It does this by examining the use of the principle of equality in the case-law of the Court of Justice, as well as the rights conferred on individuals via equality in secondary legislation, and the interaction between equality in the Charter of Fundamental Rights and as a general principle of EU law. Presenting an up-to-date analysis of the role played by equality in blending the economic and social elements of EU legal integration, Equality and Non-Discrimination in the EU will be an important read for scholars and students of EU and constitutional law, as well as practitioners and EU officials.

Sex Equality Law in the European Union

Tamara K. Hervey,David O'Keeffe
Sex Equality Law in the European Union Book PDF

Author : Tamara K. Hervey,David O'Keeffe
Publisher : Unknown
Page : 472 pages
File Size : 47,5 Mb
Release : 1996-08
Category : Law
ISBN : UOM:39015038156322

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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.

EU Equality Law

Elise Muir
EU Equality Law Book PDF

Author : Elise Muir
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 43,9 Mb
Release : 2018
Category : Law
ISBN : 9780198814665

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EU Equality Law by Elise Muir Pdf

The European Union is a supranational organisation with a set of circumscribed powers. Although these powers do not include an all-encompassing fundamental rights' mandate, today's existential challenges - from economic to refugee crisis, via concerns for compliance with the rule of law in some of its Member States - increase the pressure on the EU to develop tools for protection and promotion of such rights. One way of addressing the tension between the lack of a general mandate and vivid calls for protection is for the EU to focus on selected fundamental rights which it has competence to regulate. One such example is EU law on the fundamental right to equal treatment that has blossomed since the late 1990s. In developing selected fundamental right policies that can be imposed on domestic actors, as EU law does, supranational intervention needs to be carefully tailored to the plural landscape where they are intended to flourish. This monograph calls for a nuanced use of the infrastructure of EU law to convey shared values at domestic level across Europe.

Reconceptualising European Equality Law

Johanna Croon-Gestefeld
Reconceptualising European Equality Law Book PDF

Author : Johanna Croon-Gestefeld
Publisher : Bloomsbury Publishing
Page : 282 pages
File Size : 41,7 Mb
Release : 2017-02-23
Category : Law
ISBN : 9781509909698

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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.

Women?s Quotas Under EU Equality Law

Katharina Radloff
Women s Quotas Under EU Equality Law Book PDF

Author : Katharina Radloff
Publisher : Diplomica Verlag
Page : 73 pages
File Size : 54,8 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?

Research Handbook on General Principles in EU Law

Ziegler, Katja S.,Neuvonen, Päivi J.,Moreno-Lax, Violeta
Research Handbook on General Principles in EU Law Book PDF

Author : Ziegler, Katja S.,Neuvonen, Päivi J.,Moreno-Lax, Violeta
Publisher : Edward Elgar Publishing
Page : 656 pages
File Size : 40,8 Mb
Release : 2022-04-22
Category : Political Science
ISBN : 9781784712389

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Research Handbook on General Principles in EU Law by Ziegler, Katja S.,Neuvonen, Päivi J.,Moreno-Lax, Violeta Pdf

This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.

The EU and the Proliferation of Integration Principles under the Lisbon Treaty

Francesca Ippolito,Maria Eugenia Bartoloni,Massimo Condinanzi
The EU and the Proliferation of Integration Principles under the Lisbon Treaty Book PDF

Author : Francesca Ippolito,Maria Eugenia Bartoloni,Massimo Condinanzi
Publisher : Routledge
Page : 196 pages
File Size : 54,8 Mb
Release : 2018-09-27
Category : Law
ISBN : 9781351839372

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The EU and the Proliferation of Integration Principles under the Lisbon Treaty by Francesca Ippolito,Maria Eugenia Bartoloni,Massimo Condinanzi Pdf

The entry into force of the Lisbon Treaty has brought about a proliferation of “integration principles”. In addition to the environmental integration principle, which has been part of the EU legal framework for some time, the Lisbon Treaty introduced the principles of gender equality integration, social policy integration, non-discrimination integration, consumer protection integration as well as animal welfare integration. Furthermore, a general principle of integration policy objectives is contained in Article 7 TFEU, requiring that the Union must ensure consistency between its policies and activities, taking all relevant policy requirements listed under the TFEU into account in the adoption of any legislative measure. These integration principles must be pursued, or at least taken into account, when decisions are being taken in almost any area of EU policy-making. However, there is considerable uncertainty regarding the normative implications of the various integration principles as well as their legal value and practical relevance for EU policymaking. This book addresses the implications of the proliferation of sectorial integration principles and the introduction of a universal requirement of policy consistency in terms of the division of competences between the Union and the Member States as well as the scope for judicial review of the EU legislative process. In particular, it explores whether the introduction of various integration principles has led to an extension of Union competences and whether it has limited the scope for judicial review by extending the discretionary power of the Union institutions.

The European Union as Protector and Promoter of Equality

Thomas Giegerich
The European Union as Protector and Promoter of Equality Book PDF

Author : Thomas Giegerich
Publisher : Springer Nature
Page : 493 pages
File Size : 55,9 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.

Reconceptualising European Equality Law

Johanna Croon-Gestefeld
Reconceptualising European Equality Law Book PDF

Author : Johanna Croon-Gestefeld
Publisher : Bloomsbury Publishing
Page : 279 pages
File Size : 48,7 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.

The Right to Equality in European Human Rights Law

Charilaos Nikolaidis
The Right to Equality in European Human Rights Law Book PDF

Author : Charilaos Nikolaidis
Publisher : Routledge
Page : 278 pages
File Size : 46,6 Mb
Release : 2014-07-25
Category : Law
ISBN : 9781317701378

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The Right to Equality in European Human Rights Law by Charilaos Nikolaidis Pdf

A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.

The Principle of Equality in European Taxation

Gerard Meussen
The Principle of Equality in European Taxation Book PDF

Author : Gerard Meussen
Publisher : Springer
Page : 324 pages
File Size : 50,6 Mb
Release : 1999-10-12
Category : Business & Economics
ISBN : UOM:35112202454486

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The Principle of Equality in European Taxation by Gerard Meussen Pdf

Or her tax trial