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The European Union as Protector and Promoter of Equality

  • Book
  • © 2020

Overview

Editors:
  1. Thomas Giegerich

    1. Europa-Institut, Faculty of Law, Saarland University, Saarbrücken, Germany

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  • Deals with the understanding of the EU as a project with an important antidiscrimination goal
  • Analyses the principle of equality as a fundamental value of the EU
  • Offers a collection of essays examining the topic from various intra- and extra-European angles

Part of the book series: European Union and its Neighbours in a Globalized World (EUNGW, volume 1)

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Table of contents (25 chapters)

  1. Front Matter

    Pages i-vii
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  2. Introduction: Is the European Union a Credible Protagonist of Equality in Europe and the Wider World?

    • Thomas Giegerich
    Pages 1-10

  4. The EU as Protector of Equality: General Part of EU Antidiscrimination Law

    1. Front Matter

      Pages 113-113
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    2. Uniformity or Variation: Should the CJEU ‘Carry Over’ its Gender Equality Approach to the Post-2000 Equality Grounds?

      • Colm O’Cinneide
      Pages 115-133

    3. Non-Discrimination, the European Court of Justice and the European Court of Human Rights: Who Takes the Lead?

      • Janneke Gerards
      Pages 135-163

    4. Has the EU Taken Comprehensive and Coherent Action to Combat Discrimination?

      • Sara Benedi Lahuerta
      Pages 165-184

    5. The Coherence of EU Antidiscrimination Law: A Look at its Systemic Approach in Light of Relational Grounds of Discrimination and Collective Norms in Employment

      • Marie Mercat-Bruns
      Pages 185-198

    6. Genuine and Determining Occupational Requirement as an Exception to the Prohibition of Discrimination in EU Law

      • Justyna Maliszewska-Nienartowicz
      Pages 199-217

    7. The Concept of “Genuine and Determining Occupational Requirements” in EU Equality Law: A Critical Approach

      • Sara Iglesias Sánchez
      Pages 219-233

    8. Making Antidiscrimination Law Effective: Burden of Proof, Remedies and Sanctions in Discrimination Cases

      • Katrin Wladasch
      Pages 235-244

    9. Substantive Formal Equality in EU Non-Discrimination Law

      • Marc De Vos
      Pages 245-267

    10. A Quite Peculiar Example of Positive Action: The New Directive on Work-Life Balance

      • Álvaro Oliveira
      Pages 269-279

  5. Selected Special Issues of Antidiscrimination Law

    1. Front Matter

      Pages 281-281
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    2. The European Union as a Protector and Promoter of Equality: Discrimination on Grounds of Sexual Orientation and Gender Identity

      • Andreas R. Ziegler
      Pages 283-296

    3. Overweight and Obesity as Novel Grounds of Discrimination

      • Dagmar Richter
      Pages 297-335
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Keywords

About this book

This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles.

Editors and Affiliations

  • Europa-Institut, Faculty of Law, Saarland University, Saarbrücken, Germany

    Thomas Giegerich

About the editor

Thomas Giegerich is Director of the Europa-Institut, Professor of European Law, Public International Law and Public Law at Saarland University/Germany as well as holder of the Jean Monnet Chair for European Integration, Antidiscrimination, Human Rights and Diversity. His main fields of research are European Law (EU Constitutional Law, Fundamental Rights, Antidiscrimination Law) and Public International Law, particularly International Human Rights Law.

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