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| Author | : Emma Lantschner |
| Publisher | : Oxford University Press |
| Total Pages | : 480 |
| Release | : 2021-10-21 |
| Genre | : Law |
| ISBN | : 0192655248 |
Download Reflexive Governance in EU Equality Law Book in PDF, ePub and Kindle
The Covid-19 pandemic has revealed how far we as a European society still are from the proclaimed Union of Equality. The book explores how the promise of equal treatment can become a reality and compliance with the EU acquis relating to equality and non-discrimination can be improved. It studies enforcement and promotion aspects of the two watershed directives of 2000, the Racial Equality Directive 2000/43/EC and the Employment Equality Directive 2000/78/EC, through the lens of reflexive governance. This governance approach is proposed as having great potential in enhancing the likelihood of sustainability (or continuation) of reforms in the current candidate countries and EU Member States through its emphasis on reflexive learning processes and the cooperation between EU institutions, national authorities, and civil society actors. In order to deploy this potential, there is, however, a need for more consistent and transparent monitoring, both with regard to candidate countries as well as old and new Member States, and a reconsideration of the understanding of monitoring as such. It should be seen as helping to deconstruct own preference-formations and as a possibility to learn from successes and failures in a cooperative and recursive process. To work on these lacunae and improve learning and monitoring processes, this book identifies indicators, that are deduced from the comparative review of the implementation practice of the member states. This book is thus a contribution to the existing literature in the fields of Europeanization, governance, and the right to equality and non-discrimination.
| Author | : Elise Muir |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 257 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 0198814666 |
Download EU Equality Law Book in PDF, ePub and Kindle
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.
| Author | : Dagmar Schiek |
| Publisher | : Routledge |
| Total Pages | : 623 |
| Release | : 2009-06-02 |
| Genre | : Law |
| ISBN | : 1134049315 |
Download European Union Non-Discrimination Law Book in PDF, ePub and Kindle
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.
| Author | : Uladzislau Belavusau |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 392 |
| Release | : 2018-11-15 |
| Genre | : Law |
| ISBN | : 1509915001 |
Download EU Anti-Discrimination Law Beyond Gender Book in PDF, ePub and Kindle
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.
| Author | : Lucia Serena Rossi |
| Publisher | : Springer |
| Total Pages | : 322 |
| Release | : 2017-11-23 |
| Genre | : Law |
| ISBN | : 331966137X |
Download The Principle of Equality in EU Law Book in PDF, ePub and Kindle
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 | : Anna Lawson |
| Publisher | : Routledge |
| Total Pages | : 423 |
| Release | : 2016-07-22 |
| Genre | : Law |
| ISBN | : 1317139208 |
Download European Union Non-Discrimination Law and Intersectionality Book in PDF, ePub and Kindle
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.
| Author | : Timo Makkonen |
| Publisher | : |
| Total Pages | : 109 |
| Release | : 2007 |
| Genre | : Discrimination |
| ISBN | : 9789279031175 |
Download Measuring discrimination Book in PDF, ePub and Kindle
| Author | : Samantha Velluti |
| Publisher | : Routledge |
| Total Pages | : 227 |
| Release | : 2016-04-15 |
| Genre | : Law |
| ISBN | : 1317130332 |
Download Gender and the Open Method of Coordination Book in PDF, ePub and Kindle
Containing contributions by some of the best known researchers in the field, this volume considers the intersection between the Open Method of Coordination (OMC), a relatively new mode of policy-making, and gender equality, a long-standing area of EU policy. It draws on a range of disciplinary perspectives to examine the effectiveness of the OMC as a medium for the advancement of gender equality within the EU. It also considers gender in the OMC in a variety of contexts and at both a general EU and Member State level. Central to the discussion is the concept of gender mainstreaming which proposes that a gender equality perspective should be incorporated at every level and opportunity of EU policy and practice. The authors assess how successful this has been in the context of the OMC. The book provides a unique and contemporary body of work on the OMC which adds significantly to existing understandings of this form of governance and informs critical debate of EU social governance.
| Author | : Raphaële Xenidis |
| Publisher | : |
| Total Pages | : 55 |
| Release | : 2017 |
| Genre | : |
| ISBN | : |
Download Shaking the Normative Foundations of EU Equality Law Book in PDF, ePub and Kindle
With the adoption of the Race Equality Directive (2000/43/EC), the Framework Directive (2000/78/EC) and the Gender Directive on goods and services (2004/113/EC), the landscape of EU non-discrimination law has changed dramatically. From a medium to advance market integration, non-discrimination has evolved toward a genuine fundamental right of equality. However, the Court of Justice's efforts to give substance to this general principle of equal treatment have met political backlash. At the same time, while advancing the principle of equal treatment, the reforms have also instilled hierarchy within equality. More than sixteen years after the first comprehensive reforms, in a climate of political mistrust towards the EU, it is unlikely that new legislation will level off the ground. Today, how has the interplay of market-based and fundamental-rights-based rationales transformed the advancement of the principle of non-discrimination in Europe? This paper first examines the shift operated in the EU transformative equality enterprise, from a legislative and adjudicative focus towards a focus on enforcement, as a response to pushback. Second, the paper argues that the interplay between an instrumental market-based and an imperative rights-based understanding of equality, underlying this pushback, has transformed non-discrimination into a hybrid but effective principle. The third section, however, puts forward that the existence and effectiveness of this principle of non-discrimination is threatened by several lines of hierarchy within the European equality monument.
| Author | : Erica Howard |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : |
| ISBN | : |
Download EU Equality Law Book in PDF, ePub and Kindle
This article analyses three recent developments within the EU that have an impact on EU equality legislation: the coming into force of the Treaty of Lisbon, the Proposal to extend the material scope of the provisions against discrimination on the ground of religion and belief, disability, age and sexual orientation beyond the area of employment, and the case law of the European Court of Justice regarding the EU Equality Directives of 2000. It will assess whether these three developments have led to improved protection against discrimination for people in the EU.
