EU Anti-Discrimination Law (Oxford European Union Law Library)


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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 theessential 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.
EU Anti-Discrimination Law (Oxford European Union Law Library) Review
A HUMAN RIGHTS ORGANISATION? HERE'S AN INSIGHTFUL COMMENTARY ON ANTI-DISCRIMINATION LAW IN THE EUAn appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
We would say that for the most part, many people see the European Union as an organisation pursuing aims and objectives which are mainly economic. But, as pointed out in the foreword of this clear, lucid and quite absorbing book on anti-discrimination law in the European Union, the EU has emerged as `an active human rights organisation - not just one which accepts that its policies and acts are subject to human rights discipline.'
Granted, the EU is not commonly perceived in quite this light until one is reminded in this erudite volume from the Oxford University Press, that the European Economic Community from the beginning of its existence, `possessed rules forbidding discrimination, specifically on grounds of sex'.
As we review this book, we believe that this is important to note: `The right to equality of opportunity irrespective of sex,' say the general editors, `is fundamental to a civilized society... without it, the individual's talents cannot be exploited to the full, human dignity is compromised... inequality on the ground of sex is simply unfair.' It's therefore not unfair to say that the principle of equal pay for men and women was the basis on which the edifice of EU anti-discrimination law was constructed. It was there from the beginning of the European Union, and with us it remains.
This book puts forward an eminently readable and certainly forceful examination of -- and sustained analysis of -- anti-discrimination law in the EU in all its manifestations, which of course include nationality and sex, as well as part-time and temporary employment... racial or ethnic origin... religion or belief... disability... age... and sexual orientation.
In providing a detailed analysis of the general principles of EU law and the key concepts which underpin it, the book concludes by examining its utility. What, for example, are the ways and means by which individuals should ideally be protected against further discrimination, it asks... and what policies conceivably could further enhance equality of opportunity?
In view of the recent profound changes in EU law in the area of equality and non-discrimination over the last seven years, particularly following the enactment of the Treaty of Lisbon in 2009, this new second edition is especially important to acquire. Certainly, this book excels as a source of reference.
Meticulously footnoted throughout, it contains extensive tables of cases and of legislation, as well as a table of treaties and conventions and detailed index. For practitioners, academics and/or government or EU officials, this book should be required reading, lending authority and weight, as it does, to any legal argument pertaining to anti-discrimination in the EU. The law is stated as of September 2012.
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