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Selected Issues in Equal Treatment Law: A multilayered comparison of European, English and Dutch Law

Book | 1st edition 2006 | United Kingdom | Marianne Gijzen

This book examines the emerging principle of equality in EC law on the basis of a multi-layered comparison. It considers, in the first place, the legal regulation and interpretation of the equality principle in English and Dutch law in light of mandatory supranational requirements and asks whether contemporary national equal treatment law is in conformity with EC law. Secondly, this book compares the two national approaches both before and after transposition of the EC Equality Directives. Although the Member States are under a Community law duty to achieve the goals pursued by EC Directives, they are given a discretionary choice as to how to do so. Hence, as this book shows, even post-implementation of EC equality law national approaches diverge in various (important) respects. Thirdly, in a tentative way, this book addresses the question if and in what ways EC equal treatment law has been influenced by (long-standing) national approaches. To what extent do or can national approaches serve as a guideline for the EC? Fourthly, this book makes a comparison between the intrinsic nature of the various grounds of discrimination covered by Article 13 of the EC Treaty, namely sex, racial and ethnic origin, religion and belief, disability, age and sexual orientation. Gaining insight into the underlying values of different grounds of discrimination is important, for it provides information to both the legislator and the courts as to how to address the different problems faced by different disadvantaged groups. Does ‘equality’ have different faces for different grounds of discrimination?
The multi-layered comparison that is central to this book is illustrated in the context of employment and in the light of the theoretical discourse on ‘equality’ as a (meta)legal principle. At appropriate junctures, reference is moreover made to relevant ECHR law which could set an example (good or bad) for the development of both domestic and EC equality law.

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More Information
Type of product Book
Format Paperback
EAN / ISSN 9789050956291
Series name Ius Commune Europaeum
Weight 975 g
Status Available
Number of pages xvii + 552 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Dec 14, 2006
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No