The Principle Of Equality In Eu Law

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The Principle of Equality in EU Law

Author : Lucia Serena Rossi
Publisher : Springer
ISBN 13 : 331966137X
Total Pages : 316 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis The Principle of Equality in EU Law by : Lucia Serena Rossi

Download or read book The Principle of Equality in EU Law written by Lucia Serena Rossi and published by Springer. This book was released on 2017-11-23 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Principle of Equality in EU Law

Author : Lucia Serena Rossi
Publisher : Springer
ISBN 13 : 9783319881850
Total Pages : 316 pages
Book Rating : 4.8/5 (818 download)

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Book Synopsis The Principle of Equality in EU Law by : Lucia Serena Rossi

Download or read book The Principle of Equality in EU Law written by Lucia Serena Rossi and published by Springer. This book was released on 2018-09-04 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Equality and Non-Discrimination in the EU

Author : Giovanni Zaccaroni
Publisher : Edward Elgar Publishing
ISBN 13 : 1789904609
Total Pages : 232 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Equality and Non-Discrimination in the EU by : Giovanni Zaccaroni

Download or read book Equality and Non-Discrimination in the EU written by Giovanni Zaccaroni and published by Edward Elgar Publishing. This book was released on 2021-02-26 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussing the fundamental role played by equality and non-discrimination in the EU legal order, this insightful book explores the positive and negative elements that have contributed to the consolidation of the process of EU legal integration. It provides an in-depth analysis of the three key dimensions of equality in the EU: equality as a value, equality as a principle and equality as a right.

The Principle of Equality in European Taxation

Author : Gerard Meussen
Publisher : Springer
ISBN 13 :
Total Pages : 324 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis The Principle of Equality in European Taxation by : Gerard Meussen

Download or read book The Principle of Equality in European Taxation written by Gerard Meussen and published by Springer. This book was released on 1999-10-12 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Or her tax trial

More Equal than Others?

Author : Daniele Amoroso
Publisher : Springer Nature
ISBN 13 : 9462655391
Total Pages : 362 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis More Equal than Others? by : Daniele Amoroso

Download or read book More Equal than Others? written by Daniele Amoroso and published by Springer Nature. This book was released on 2022-11-18 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the principle of equality from three perspectives: public international law, private international law and EU law. It is the first book in English providing a comprehensive overview of this principle in these areas of law and showing the current trends and issues concerning its application. Its main goal is to understand whether and to what extent the principle of equality has been affirmed in public and private international law, as well as EU law, and what – if any – the common core of this principle is. The analysis carried out in this contributed volume starts from general analyses of the principle of equality in the areas of the law covered by the book and then discusses the principle in more specific areas, such as human rights law, international adjudication (including investment law) and the law of international organizations. The book is intended to become a benchmark for academics dealing with matters of equality in public international law, private international law and EU law. It will be a useful tool for practitioners too, the collected chapters being based on the relevant case law dealing with the principle of equality. Daniele Amoroso is Professor of International Law in the Department of Law of the University of Cagliari, Cagliari, Italy. Loris Marotti is Assistant Professor of International Law in the Department of Law at the Federico II University of Naples, Italy. Pierfrancesco Rossi is Postdoctoral Fellow in International Law in the Department of Law of Luiss University, Rome, Italy. Andrea Spagnolo is Professor of International Law in the Department of Law of the University of Turin, Turin, Italy. Giovanni Zarra is Professor of International Law and International Litigation in the Department of Law at the Federico II University of Naples, Italy.

EU Equality Law

Author : Elise Muir
Publisher : Oxford University Press, USA
ISBN 13 : 0198814666
Total Pages : 257 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis EU Equality Law by : Elise Muir

Download or read book EU Equality Law written by Elise Muir and published by Oxford University Press, USA. This book was released on 2018 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is a supranational organisation with a set of circumscribed powers. Although these powers do not include an all-encompassing fundamental rights' mandate, today's existential challenges - from economic to refugee crisis, via concerns for compliance with the rule of law in some of its Member States - increase the pressure on the EU to develop tools for protection and promotion of such rights. One way of addressing the tension between the lack of a general mandate and vivid calls for protection is for the EU to focus on selected fundamental rights which it has competence to regulate. One such example is EU law on the fundamental right to equal treatment that has blossomed since the late 1990s. In developing selected fundamental right policies that can be imposed on domestic actors, as EU law does, supranational intervention needs to be carefully tailored to the plural landscape where they are intended to flourish. This monograph calls for a nuanced use of the infrastructure of EU law to convey shared values at domestic level across Europe.

Reconceptualising European Equality Law

Author : Johanna Croon-Gestefeld
Publisher : Bloomsbury Publishing
ISBN 13 : 1509909680
Total Pages : 279 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Reconceptualising European Equality Law by : Johanna Croon-Gestefeld

Download or read book Reconceptualising European Equality Law written by Johanna Croon-Gestefeld and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

European Union Non-Discrimination Law

Author : Dagmar Schiek
Publisher : Routledge
ISBN 13 : 1134049323
Total Pages : 444 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis European Union Non-Discrimination Law by : Dagmar Schiek

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 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection addresses the multidimensionality of EU equality law from conceptual as well as practical perspectives. Bringing together academics from all over Europe and from different disciplines, including law, politics and sociology, the book focuses on the question of multidimensionality and intersectionality, and deals with the consequences of multiplying discrimination grounds within EU equality law.

The Law of the European Union and the European Communities

Author : Pieter Jan Kuijper
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154124
Total Pages : 1456 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Law of the European Union and the European Communities by : Pieter Jan Kuijper

Download or read book The Law of the European Union and the European Communities written by Pieter Jan Kuijper and published by Kluwer Law International B.V.. This book was released on 2018-09-28 with total page 1456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

Equality and Non-Discrimination in the EU

Author : Giovanni Zaccaroni
Publisher : Edward Elgar Publishing
ISBN 13 : 9781789904598
Total Pages : 192 pages
Book Rating : 4.9/5 (45 download)

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Book Synopsis Equality and Non-Discrimination in the EU by : Giovanni Zaccaroni

Download or read book Equality and Non-Discrimination in the EU written by Giovanni Zaccaroni and published by Edward Elgar Publishing. This book was released on 2021-02-28 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussing the fundamental role played by the principles of equality and non-discrimination in the EU legal order, this insightful book explores the positive and negative elements that have contributed to the consolidation of the process of EU legal integration. Providing an in-depth analysis of the three key dimensions of equality in the EU - equality as a value, equality as a principle and equality as a right - this incisive book investigates the place and scope of equality within the founding values of the EU. It does this by examining the use of the principle of equality in the case-law of the Court of Justice, as well as the rights conferred on individuals via equality in secondary legislation, and the interaction between equality in the Charter of Fundamental Rights and as a general principle of EU law. Presenting an up-to-date analysis of the role played by equality in blending the economic and social elements of EU legal integration, Equality and Non-Discrimination in the EU will be an important read for scholars and students of EU and constitutional law, as well as practitioners and EU officials.

The European Union as Protector and Promoter of Equality

Author : Thomas Giegerich
Publisher : Springer Nature
ISBN 13 : 3030437647
Total Pages : 493 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis The European Union as Protector and Promoter of Equality by : Thomas Giegerich

Download or read book The European Union as Protector and Promoter of Equality written by Thomas Giegerich and published by Springer Nature. This book was released on 2020-07-06 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Women?s Quotas Under EU Equality Law

Author : Katharina Radloff
Publisher : Diplomica Verlag
ISBN 13 : 3842872739
Total Pages : 73 pages
Book Rating : 4.8/5 (428 download)

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Book Synopsis Women?s Quotas Under EU Equality Law by : Katharina Radloff

Download or read book Women?s Quotas Under EU Equality Law written by Katharina Radloff and published by Diplomica Verlag. This book was released on 2012 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this study is to investigate legislation and leading cases concerning positive discrimination in the European Union, with a particular focus on the recent debate about the most radical positive action measure: the implementation of women?s quotas by supranational legislation. This study seeks to answer the question if such a radical derogation from the equal treatment principle can be tolerated, keeping in mind the fundamental character of this principle in European law. The concept of substantive equality will be analysed and set against the ECJ case law under review. It will be criticised that the ECJ focused once more on a formalist approach and allows for positive action measures only to a very limited extent. If the European Union would impose women?s quotas for board members via supranational legislation, would this still be considered as a measure of positive discrimination or would it rather be a form of negative discrimination against men?

Complex Equality and the Court of Justice of the European Union

Author : Richard Lang
Publisher : BRILL
ISBN 13 : 9004354263
Total Pages : 390 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Complex Equality and the Court of Justice of the European Union by : Richard Lang

Download or read book Complex Equality and the Court of Justice of the European Union written by Richard Lang and published by BRILL. This book was released on 2018-07-19 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Complex equality and the Court of Justice of the European Union: Reconciling Diversity and Harmonization, Richard Lang proposes that the EU’s judges adopt Walzerian Complex Equality as a complement to their existing, and unsatisfactory, test for equality based on Aristotle.

EU Anti-Discrimination Law

Author : Evelyn Ellis
Publisher : OUP Oxford
ISBN 13 : 0191649465
Total Pages : 576 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis EU Anti-Discrimination Law by : Evelyn Ellis

Download or read book EU Anti-Discrimination Law written by Evelyn Ellis and published by OUP Oxford. This book was released on 2012-11-29 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Research Handbook on General Principles in EU Law

Author : Ziegler, Katja S.
Publisher : Edward Elgar Publishing
ISBN 13 : 1784712388
Total Pages : 656 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Research Handbook on General Principles in EU Law by : Ziegler, Katja S.

Download or read book Research Handbook on General Principles in EU Law written by Ziegler, Katja S. and published by Edward Elgar Publishing. This book was released on 2022-04-22 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.

EU Anti-Discrimination Law Beyond Gender

Author : Uladzislau Belavusau
Publisher : Bloomsbury Publishing
ISBN 13 : 1509915001
Total Pages : 392 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis EU Anti-Discrimination Law Beyond Gender by : Uladzislau Belavusau

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.

Eu Sex Discrimination Law and the Principle of Equal Pay

Author : Anna Grasmik
Publisher : GRIN Verlag
ISBN 13 : 3656154066
Total Pages : 33 pages
Book Rating : 4.6/5 (561 download)

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Book Synopsis Eu Sex Discrimination Law and the Principle of Equal Pay by : Anna Grasmik

Download or read book Eu Sex Discrimination Law and the Principle of Equal Pay written by Anna Grasmik and published by GRIN Verlag. This book was released on 2012-03 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2012 in the subject Law - Miscellaneous, grade: 1,7, Carl von Ossietzky University of Oldenburg (Rechtswissenschaften), course: Advanced Lectures in EU Economic Law, language: English, abstract: The Council of Europe Commissioner for Human Rights, Thomas Hammarberg, said in his speech on 8th March 2011 "Every day women in Europe experience one of the most deep-rooted injustices - being paid less than a man for work of equal value." Equality between women and men is one of the objectives of the European Union. With the aid of legislation, case law and amendments to the contracts it had gradually succeeded to give emphasis to this principle and apply it in the EU. This work will now try to show you this development. In the beginning, there will be a description of legal framework in the EU. This framework essentially bases on Article 157 TFEU and the Directive 2006/54. Afterwards follows the development of case studies by the jurisprudence of the ECJ in more detail. Keep on with the content of Article 157 TFEU with a closer look on the questions: What is pay? What is equal pay for equal work or work of equal value? When exists discrimination? What is the difference between direct and indirect discrimination? "Well come forward, but still long way to go": So the initial assessment of the agreement is to promote equal opportunities between women and men in the private sector. Is it right and more: is it enough? Let's see if this question can be answered at the end of this work.