Author : Valérie Verbist
Publisher :
Page : 0 pages
File Size : 25,86 MB
Release : 2017
Category : Discrimination
ISBN : 9781780684581
Reverse Discrimination in the European Union offers an up-to-date standard reference work on reverse discrimination.
Author : Alina Tryfonidou
Publisher : Kluwer Law International B.V.
Page : 294 pages
File Size : 38,29 MB
Release : 2009-01-01
Category : Law
ISBN : 9041127518
Discrimination is an incongruity in the contemporary EC. Then, the author provides an in-depth analysis of two of the post-Maastricht developments in the context of free movement: the establishment of the status of Union citizenship by the Treaty of Maastricht in 1993 and the development of that status through the Court's recent jurisprudence; and the formal completion of the internal market in 1993, as required by the provisions inserted into the EC Treaty by the Single European Act. Focusing on the central issue of whether reverse discrimination is - and should remain - outside the scope of EC law, the author explains what has been the impact of each of these developments on the question of the permissibility of reverse discrimination in EC law. A brief discussion of the available solutions to the problem and their advantages and disadvantages concludes the presentation. This is a ground-breaking study in an area of European law that has received scant academic attention so far and is just beginning to be explored. In it, scholars, policymakers and practitioners will discover a firm foundation from which to pursue and ultimately define the limits of reverse discrimination in EC law.
Author : Lucia Serena Rossi
Publisher : Springer
Page : 322 pages
File Size : 21,83 MB
Release : 2017-11-23
Category : Law
ISBN : 331966137X
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 : Sacha Garben
Publisher : Bloomsbury Publishing
Page : 357 pages
File Size : 43,60 MB
Release : 2017-10-05
Category : Law
ISBN : 1509913475
The issue of competence division is of fundamental importance as it reflects the 'power bargain' struck between the Member States and their Union, determining the limits of the authority of the EU as well as the limits of the authority of the Member States. It defines the nature of the EU as a polity, as well as the identity of the Member States. After over six years since the entry into force of the Lisbon Treaty, it is high time to take stock of whether the reforms that were adopted to make the Union's system of division of competences between the EU Member States clearer, more coherent, and better at containing European integration, have been successful. This book asks whether 'the competence problem' has finally been solved. Given the fundamental importance of this question, this publication will be of interest to a wide audience, from constitutional and substantive EU law scholars to practitioners in the EU institutions and EU legal practice more generally.
Author : Johanna Croon-Gestefeld
Publisher : Bloomsbury Publishing
Page : 289 pages
File Size : 17,21 MB
Release : 2017-02-23
Category : Law
ISBN : 1509909680
This important new book seeks to widen the understanding of the principle of equality within European law. Firstly, it deconstructs the European Court of Justice's adjudication of cases in the field. It then explores how the Member States' courts decide on the question of equality. This detailed rigorous research allows the author to argue for a reconceptualised equality doctrine. Such an adaptation, the author argues, will provide judges, practitioners and academics with the tools to balance institutional considerations against substantive interpretation. Theoretically ambitious, while grounded in practical application, this is a significant restatement of one of the key principles of European law: the equality doctrine.
Author : Evelyn Ellis
Publisher : Oxford University Press, USA
Page : 570 pages
File Size : 40,35 MB
Release : 2012-11-29
Category : Law
ISBN : 0199698465
Professor Evelyn Ellis provides an analytical and critical examination of the EU law forbidding discrimination, and explores the theoretical and philosophical underpinnings of the law.
Author : Niels Bammens
Publisher : IBFD
Page : 1151 pages
File Size : 25,54 MB
Release : 2012
Category : Conflict of laws
ISBN : 9087221592
The principle of non-discrimination plays a vital role in international and European tax law. This dissertation analyses the interpretation given to that principle in tax treaty practice and in the direct tax case law of the Court of Justice of the European Union (ECJ) on the fundamental freedoms. The objective of this analysis is twofold: to give a clear and thorough overview of both standards and to determine whether they share a common, underlying principle of non-discrimination. In order to achieve these objectives, a comprehensive selection of case law is discussed from the perspective of the two constitutive elements of discrimination, comparability and the existence of different treatment. Moreover, attention is drawn to the question whether a domestic measure that is found to be discriminatory may nevertheless be justified on the basis of reasons of public interest. Finally, the possible interplay between both standards is addressed.
Author : Willem Maas
Publisher : Martinus Nijhoff Publishers
Page : 228 pages
File Size : 12,39 MB
Release : 2013-09-05
Category : Law
ISBN : 9004243283
Democratic states guarantee free movement within their territory to all citizens, as a core right of citizenship. Similarly, the European Union guarantees EU citizens and members of their families the right to live and the right to work anywhere within EU territory. Such rights reflect the project of equality and undifferentiated individual rights for all who have the status of citizen, but they are not uncontested. Despite citizenship's promise of equality, barriers, incentives, and disincentives to free movement make some citizens more equal than others. This book challenges the normal way of thinking about freedom of movement by identifying the tensions between the formal ideals that governments, laws, and constitutions expound and actual practices, which fall short. "Individual states and the European Union have either created or permitted the creation of direct and indirect barriers to mobility that undermine the promise of freedom of movement. The volume identifies these barriers, explains why they have arisen, discusses why they are difficult to remove, and explores their consequences." -- Joseph Carens, University of Toronto.
Author : William Gasparini
Publisher : Council of Europe
Page : 162 pages
File Size : 50,36 MB
Release : 2010
Category : Business & Economics
ISBN :
This work presents the main contributions and considerations of young European research workers and journalists on the question of discrimination in sport. Taking a multidisciplinary approach to the social sciences, The authors show how the media and those working in media can act as a relay, through their coverage of sports, For initiatives on the fight against discrimination. They also illustrate in detail not only the reality of discrimination in sport and the controversy surrounding this issue in the member states of the Council of Europe, but also the strength of research incipient in this field. The Enlarged Partial Agreement on Sport (EPAS) hopes to contribute in this way to the development of European research on education through sport involving researchers from different countries in order to better understand the phenomenon of discrimination.
Author : Dimitry Kochenov
Publisher : Cambridge University Press
Page : 869 pages
File Size : 14,12 MB
Release : 2017-04-13
Category : Law
ISBN : 1108146112
Kochenov's definitive collection examines the under-utilised potential of EU citizenship, proposing and defending its position as a systemic element of EU law endowed with foundational importance. Leading experts in EU constitutional law scrutinise the internal dynamics in the triad of EU citizenship, citizenship rights and the resulting vertical delimitation of powers in Europe, analysing the far-reaching constitutional implications. Linking the constitutional question of federalism and citizenship, the volume establishes an innovative new framework where these rights become agents and rationales of European integration and legal change, located beyond the context of the internal market and free movement. It maps the role of citizenship in this shifting landscape, outlining key options for a Europe of the future.
