Boek
This book examines the emerging principle of equality in EC law on the basis of a multilayered comparison. It considers in the first place the legal regulation and interpretation of the equality principle in English and Dutch law in light of mandatory supranational requirements and asks whether contemporary national equal treatment law is in conformity with EC law. Secondly this book compares the two national approaches both before and after transposition of the EC Equality Directives. Although the Member States are under a Community law duty to achieve the goals pursued by EC Directives they are given a discretionary choice as to how to do so. Hence as this book shows even postimplementation of EC equality law national approaches diverge in various important respects. Thirdly in a tentative way this book addresses the question if and in what ways EC equal treatment law has been influenced by longstanding national approaches. To what extent do or can national approaches serve as a guideline for the EC? Fourthly this book makes a comparison between the intrinsic nature of the various grounds of discrimination covered by Article 13 of the EC Treaty namely sex racial and ethnic origin religion and belief disability age and sexual orientation. Gaining insight into the underlying values of different grounds of discrimination is important for it provides information to both the legislator and the courts as to how to address the different problems faced by different disadvantaged groups. Does lsquoequalityrsquo have different faces for different grounds of discrimination? The multilayered comparison that is central to this book is illustrated in the context of employment and in the light of the theoretical discourse on lsquoequalityrsquo as a metalegal principle. At appropriate junctures reference is moreover made to relevant ECHR law which could set an example good or bad for the development of both domestic and EC equality law.nbsp «
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