Eu Equality Law
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European Union Non Discrimination Law
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Author : Dagmar Schiek
language : en
Publisher: Routledge
Release Date : 2009-06-02
European Union Non Discrimination Law written by Dagmar Schiek and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-02 with Law categories.
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.
Eu Equality Law
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Author : Elise Muir
language : en
Publisher: Oxford University Press, USA
Release Date : 2018
Eu Equality Law written by Elise Muir and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
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.
European Union Non Discrimination Law And Intersectionality
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Author : Anna Lawson
language : en
Publisher: Routledge
Release Date : 2016-07-22
European Union Non Discrimination Law And Intersectionality written by Anna Lawson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-22 with Law categories.
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.
The Principle Of Equality In Eu Law
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Author : Lucia Serena Rossi
language : en
Publisher: Springer
Release Date : 2017-11-23
The Principle Of Equality In Eu Law written by Lucia Serena Rossi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-23 with Law categories.
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.
Eu Anti Discrimination Law Beyond Gender
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Author : Uladzislau Belavusau
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-11-15
Eu Anti Discrimination Law Beyond Gender written by Uladzislau Belavusau and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-15 with Law categories.
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.
Women S Quotas Under Eu Equality Law
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Author : Katharina Radloff
language : en
Publisher: Diplomica Verlag
Release Date : 2012
Women S Quotas Under Eu Equality Law written by Katharina Radloff and has been published by Diplomica Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
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?
Women On Boards
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Author : Katharina Radloff
language : en
Publisher: diplom.de
Release Date : 2011-10-13
Women On Boards written by Katharina Radloff and has been published by diplom.de this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-13 with Law categories.
Inhaltsangabe:Introduction: Even though European equality law has had a considerable impact on the law of the Member States concerning women s rights to employment, it is still often the case that women experience a glass ceiling , which hinders their access to leadership positions in private companies. As identified by the UN Report on Women, women are on most boards of large companies, but their number still remains considerably low when compared to men. Although the Report acknowledges that in general opportunities of women with regard to employment have increased, the representation of women in leading positions is still too low. This is especially notable in the largest corporations, which remain male- dominated. Of the 500 largest corporations in the world, only 13 have a female chief executive officer . In the European Union, women hold only 11 percent of top company positions and the average proportion of women serving as chairman of the board of top companies was only 3 per cent in 2009. Among the European Union Member States, the highest percentage of women in boards can be found in Norway, which as the first country in the world introduced a women s quota of 40 percent for board members in 2004 by law. When quotas were proposed in 2002, the proportion of women in boards was only 6.8 percent, whereas it is now 34 percent. The success of the Norwegian example led to a political debate about female representation in leading positions throughout the Union. In September 2010, the Spanish government introduced a gender quota of 40 per cent for both, men and women to be achieved by 2015. France introduced a women s quota for corporate boards in 2011 and other governments such as those of the Netherlands and Italy are positive about introducing similar quotas via legislation. The reasons for the glass ceiling women still experience are manifold and involve old stereotypes, which are deeply rooted in society. It is this invisible barrier that justifies positive action measures in the first place: to remove deeply rooted social practices that interfere with the process of substantial equality in society in order to create conditions that give individuals equal access to employment. However, it would be too simplistic to argue that in equality law it is all about treating people equally. Rather, it is best resumed in the Aristotelian maxim: equality is about treating equal cases equally and unequal cases unequally. In the case of gender [...]
Reflexive Governance In Eu Equality Law
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Author : Emma Lantschner
language : en
Publisher: Oxford University Press
Release Date : 2021
Reflexive Governance In Eu Equality Law written by Emma Lantschner and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
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.
Eu Non Discrimination Law In The Courts
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Author : Jule Mulder
language : en
Publisher:
Release Date : 2017
Eu Non Discrimination Law In The Courts written by Jule Mulder and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Sex discrimination categories.
Measuring Discrimination
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Author : Timo Makkonen
language : en
Publisher:
Release Date : 2007
Measuring Discrimination written by Timo Makkonen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Discrimination categories.