EU Anti-Discrimination Law
EU Anti-Discrimination Law provides a detailed and critical analysis of the corpus of European Union law prohibiting discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age, and sexual orientation. It takes into account the changes brought about by the Treaty of Lisbon and contains a thorough examination of the relevant case law of the Court of Justice of the EU. The book examines the background to the legislation and explains the essential characteristics and doctrines of EU law and their relevancy to the topic of anti-discrimination. It also analyses the increasingly significant general principles of EU law, the Charter of Fundamental Rights, and the relevant law flowing from the European Convention on Human Rights. The key concepts contained in anti-discrimination law are subjected to close scrutiny. The substantive provisions of the law on equal pay and the workplace and non-workplace provisions of the governing Directives are similarly examined, as are the numerous exceptions permitted to them. The complex rules governing the rights of pregnant women and those who have recently given birth are dealt with comprehensively and in a separate chapter. Equality in social security schemes is also discussed. The book concludes with an assessment of the practical utility of the existing law and the current proposals for its reform.
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Table of Legislation
Table of Treaties and Conventions
List of Abbreviations
2 Essential characteristics of EU law
3 General principles and equal treatment
4 Key concepts in EU antidiscrimination law
5 Equal pay
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adopted Amsterdam Treaty anti-discrimination apply Article 119 Article 157 benefits breach chapter CJEU held CJEU’s CMLRev collective agreement Commission Community law concerned constitute Council Court held decision Defrenne direct effect disability discriminatory discussed in ch dismissal EHRR ELRev employer enforcement ensure entitled equal pay Equal Treatment Directive EU law European Parliament European Union law Factortame Framework Directive gender grounds of sex House of Lords Human Rights implementation indirect discrimination individual interpretation IRLR justified maternity leave measures Member ment national court national law national legislation non-discrimination objective obligation parental leave part-time particular payment pension scheme pensionable age period persons Preamble pregnancy principle of equal prohibited protection provisions Race Directive Recast Directive recital referred regards relation relevant retirement rules Sabena scope sex discrimination sexual harassment sexual orientation situation social security Social Security Directive specific statutory TFEU tion tive Treaty women workers