Download or read book A Comparative Analysis of Non discrimination Law in Europe 2021 written by and published by . This book was released on 2022 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative analysis, drafted by Isabelle Chopin and Catharina Germaine (Migration Policy Group), compares and analyses the information set out in the country reports relating to 2020 in a format mirroring that of the country reports themselves and draws some conclusions from the information contained in them. The report further presents the general trends in European anti-discrimination policy and points out some of the remaining dilemmas in the application of anti-discrimination legislation. It gives an overview of the main substantive issues in both directives: the grounds of discrimination, the definition of grounds and scope, exceptions to the principle of equal treatment and positive action, access to justice and effective enforcement, and equality bodies.
Download or read book A Comparative Analysis of Non discrimination Law in Europe 2020 written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this report is to compare and contrast anti-discrimination law in the 27 EU Member States, five EU candidate countries (namely Albania, North Macedonia, Montenegro, Serbia and Turkey) and the EEA countries (Iceland, Liechtenstein and Norway), as well as the United Kingdom, based on the country reports written by the European network of legal experts in gender equality and non-discrimination, as updated in respect of 2019. The state of play and the major developments are summarised in this publication. The report presents the general trends in European anti-discrimination policy and points out some of the remaining dilemmas in the application of anti-discrimination legislation. It gives an overview of the main substantive issues in both directives: the grounds of discrimination, the definition of grounds and scope, exceptions to the principle of equal treatment and positive action, access to justice and effective enforcement, and equality bodies. All Member States were required to review and amend their existing legislation to comply with the requirements of the directives. The Racial Equality Directive and the Employment Equality Directive had to be transposed into national law by 19 July 2003 and 2 December 2003 respectively in the (then) 15 EU Member States. Countries acceding the EU after this date had to transpose both directives by the date of their accession: 1 May 2004 for 10 new Member States, 1 January 2007 for Bulgaria and Romania, and finally 1 July 2013 for Croatia. The current candidate countries have entered the transposition process and must align their national legislation with EU law by the date on which they enter the EU. EU directives on anti-discrimination are not binding on EEA countries, as the EEA agreement only provides obligations on those countries vis-à-vis EU legislation related to the internal market. National provisions on antidiscrimination exist, but the level of protection offered in practice does not always meet EU standards. It goes beyond the scope of this report to assess the extent to which Member States have fully complied with the directives or to assess the legislative impact of the European directives on the laws of all the countries examined. However, the report could potentially be used as one of the instruments for making such an assessment. During the transposition process, it became apparent that judicial interpretation might be necessary to provide further clarity of some key concepts and provisions. Nineteen years after the adoption of the Directives, both national courts and the Court of Justice of the EU have provided some interpretation to this effect, as will be further developed below. This synthesis overview of the national situation in 36 countries is complemented by the comprehensive country reports. Readers can turn to these country reports for detailed information about the law of a particular country, current as of 1 January 2020.
Download or read book A Comparative Analysis of Non discrimination Law in Europe 2015 written by and published by . This book was released on 2016 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European Union Non Discrimination Law written by Dagmar Schiek and published by Routledge. This book was released on 2009-06-02 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A Comparative Analysis of Non discrimination Law in Europe 2019 written by and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this report is to compare and contrast anti-discrimination law in the 28 EU Member States, five EU candidate countries (namely Albania, North Macedonia, Montenegro, Serbia and Turkey) and the EEA countries (Iceland, Liechtenstein and Norway), based on the country reports written by the European network of legal experts in gender equality and non-discrimination, as updated in respect of 2018. The state of play and the major developments are summarised in this publication. The report presents the general trends in European anti-discrimination policy and points out some of the remaining dilemmas in the application of anti-discrimination legislation. It gives an overview of the main substantive issues in both directives: the grounds of discrimination, the definition of grounds and scope, exceptions to the principle of equal treatment and positive action, access to justice and effective enforcement, and equality bodies. All Member States were required to review and amend their existing legislation to comply with the requirements of the directives. The Racial Equality Directive and the Employment Equality Directive had to be transposed into national law by 19 July 2003 and 2 December 2003 respectively in the (then) 15 EU Member States. Countries acceding the EU after this date had to transpose both directives by the date of their accession: 1 May 2004 for 10 new Member States, 1 January 2007 for Bulgaria and Romania, and finally 1 July 2013 for Croatia. The current candidate countries have entered the transposition process and must align their national legislation with EU law by the date on which they enter the EU. EU directives on anti-discrimination are not binding on EEA countries, as the EEA agreement only provides obligations on those countries vis-à-vis EU legislation related to the internal market. National provisions on antidiscrimination exist, but the level of protection offered in practice does not always meet EU standards. It goes beyond the scope of this report to assess the extent to which Member States have fully complied with the directives or to assess the legislative impact of the European directives on the laws of all the countries examined. However, the report could potentially be used as one of the instruments for making such an assessment. During the transposition process, it became apparent that judicial interpretation might be necessary to provide further clarity of some key concepts and provisions. Nineteen years after the adoption of the Directives, both national courts and the Court of Justice of the EU have provided some interpretation to this effect, as will be further developed below. This synthesis overview of the national situation in 36 countries is complemented by the comprehensive country reports. Readers can turn to these country reports for detailed information about the law of a particular country, current as of 1 January 2019.
Download or read book A Comparative Analysis of Non discrimination Law in Europe 2017 written by and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides a general overview of the ways in which EU gender equality law has been implemented in the domestic laws of the 28 Member States of the European Union, as well as Iceland, Liechtenstein and Norway (the EEA countries) and four candidate countries (the Former Yugoslav Republic of Macedonia, Montenegro, Serbia and Turkey). The analysis is based on the country reports written by the gender equality law experts of the European equality law network (EELN). At the same time, this report explains the most important elements of the EU gender equality acquis. The term 'EU gender equality acquis' refers to all the relevant EU Treaty and EU Charter of Fundamental Rights provisions, legislation and the case law of the CJEU in relation to gender equality.
Download or read book Developing Anti discrimination Law in Europe written by Isabelle Chopin and published by . This book was released on 2013 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the eighth edition of the Comparative Analysis – Developing anti-discrimination Law in the 28 EU Member States, the Former Yugoslav Republic of Macedonia, Iceland, Liechtenstein, Norway and Turkey. The objective of the Comparative Analysis, drafted by Isabelle Chopin and Catharina Germaine-Sahl (Migration Policy Group), is to compare and contrast the information set out in the 2012 country reports prepared by the European Network of Legal Experts in the non-discrimination field, providing an overview of national anti-discrimination legislation. In addition, the Comparative Analysis reflects on the transposition of the Racial Equality and Employment Equality Directives adopted in 2000 and draws some conclusions regarding the effective implementation of anti-discrimination law in Europe. Significant EU and national case-law and key issues are highlighted so as to enrich the overview.
Download or read book European Union Non Discrimination Law and Intersectionality written by Anna Lawson and published by Routledge. This book was released on 2016-07-22 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Developing Anti discrimination Law in Europe written by Isabelle Chopin and published by . This book was released on 2013 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative analysis provides a detailed comparison of the anti-discrimination legislation in the 27 EU Member States, Croatia, the former Yugoslav Republic of Macedonia, Iceland, Liechtenstein, Norway and Turkey, as comprehensively described in the country reports written by the European Network of Legal Experts in the Non-discrimination Field and summarised in this publication. The grounds of discrimination listed in the Directives 2000/43/EC and 2000/78/EC are considered individually and collectively, while the overall purpose of this document is to provide an overview of the national legal framework across the EU.
Download or read book Developing Anti discrimination Law in Europe written by Isabelle Chopin (Of the Migration Policy Group) and published by . This book was released on 2015 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: This the ninth edition of the yearly Comparative Analysis - Developing anti-discrimination Law in the 28 EU Member States, the Former Yugoslav Republic of Macedonia, Iceland, Liechtenstein, Norway and Turkey. It was drafted by the Network of Legal Experts in the Non-Discrimination Field. The objective of this report is to compare and contrast the information set out in the 33 country reports prepared by the European Network of Legal Experts in the non-discrimination field covering the situation of national law as of 1 January 2014. The Comparative Analysis provides an overview of national anti-discrimination legislation and reflects on the transposition of the Racial Equality and Employment Equality Directives adopted in 2000. As such, it provides a valuable resource of conclusions and comparisons regarding the effective implementation of anti-discrimination law in Europe. In addition, the overview highlights significant EU and national case-law and key issues.--
Download or read book EU Anti Discrimination Law Beyond Gender written by Uladzislau Belavusau and published by Bloomsbury Publishing. This book was released on 2018-11-15 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Developing Anti discrimination Law in Europe written by Isabelle Chopin and published by . This book was released on 2012 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Comparative Analysis provides a detailed comparison of the anti-discrimination legislation in the 27 EU Member States, Croatia, the Former Yugoslav Republic of Macedonia, Iceland, Liechtenstein, Norway and Turkey, as comprehensively described in the country reports written by the European Network of Legal Experts in the Non-discrimination Field and summarised in this publication. The grounds of discrimination listed in the Directives 2000/43/EC and 2000/78/EC are considered individually and collectively, while the overall purpose of this document is to provide an overview of the national legal framework across the EU.
Download or read book European Non discrimination Law written by Sarah Haverkort-Speekenbrink and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Europe, contemporary multicultural issues raise the question as to whether the overlap between the non-discrimination regimes of the European Union and the Council of Europe in the field of public employment may lead to conflicting case law. Would the Court of Justice of the European Union (ECJ) and the European Court of Human Rights (ECtHR) address potential sex, race, and religious discrimination in a similar manner or would these courts take a different approach? This study consists of three parts. First, an analysis is presented of the EU non-discrimination Directives 2006/54, 2000/43, and 2000/78, and the ECJ's assessment in cases of alleged sex, race, and religious discrimination in the public workplace. This is followed by an examination of the non-discrimination provisions of the European Convention on Human Rights (ECHR) and the right to freedom of religion. Further, the ECtHR's assessment in cases involving potential discrimination in the public workplace based on sex, race, and religion are examined. In the final section, a comparison is made between the provisions and the assessment of the ECJ and the ECtHR. Besides a look at European legislation, case law, and academic literature, this research also uses a legal case study to explore the similarities and differences between the non-discrimination regimes. Accordingly, the theory is again discussed, but now in light of a much debated issue in Europe: the wearing of the Islamic headscarf in public employment. The result of the study is a detailed explanation of the relevant similarities and differences between the approaches of the two courts to claims of discrimination. (Series: School of Human Rights Research - Vol. 59)
Download or read book The Logic of Equality written by Eric Heinze and published by Routledge. This book was released on 2018-05-08 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2003. The Logic of Equality proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court. The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.
Download or read book Anti Discrimination Law in Civil Law Jurisdictions written by Barbara Havelková and published by Oxford University Press. This book was released on 2019-12-12 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays explores the evolution of anti-discrimination law in European civil law jurisdictions. Historically, scholarship in this area has focused on the common law, which has also taken the lead in developing the theory and practice of anti-discrimination law. This volume breaks new ground by offering a sustained, critical, legal and socio-legal, comparative look at how anti-discrimination is faring in European civil law environments. While it is true that anti-discrimination law is seen as a foreign transplant in some regions, it does not fare poorly across the board. As shown by the case studies herein, the success of anti-discrimination law is found to vary according to its national context, the actors involved, and the evolution of the particular concept or ground of discrimination in question.
Download or read book EU Non discrimination Law in the Courts written by Jule Mulder and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Comparative Analysis of Gender Equality Law in Europe 2020 written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides a general overview of the ways in which EU gender equality law has been implemented in the domestic laws of the 27 Member States of the European Union, as well as Iceland, Liechtenstein and Norway (the EEA countries), the United Kingdom and five candidate countries (Albania, Montenegro, North Macedonia, Serbia and Turkey). The analysis is based on the country reports written by the gender equality law experts of the European equality law network (EELN). At the same time, the report explains the most important elements of the EU gender equality acquis. The term 'EU gender equality acquis' refers to all the relevant EU Treaty and EU Charter of Fundamental Rights provisions, legislation and case law of the CJEU in relation to gender equality.
