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Reconceptualising European Equality Law: A Comparative Institutional Analysis

Reconceptualising European Equality Law: A Comparative Institutional Analysis

Name: Reconceptualising European Equality Law: A Comparative Institutional Analysis
Brand: Hart Publishing
SKU: 9781509909667
Price: 1134.90 HKD
Availability: InStock
Author: Johanna Croon-Gestefeld
ISBN: 9781509909667

By Johanna Croon-Gestefeld

Hart Publishing February 2017

Specifications

ISBN-13: 9781509909667
Publisher: Hart Publishing
Publication: February 2017
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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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 legalist 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.

1. Introduction

I. Equality: A Fundamental Principle Based on not so Stable Fundaments

II. The Need for Reconceptualising Equality Law or the Rationalist Human Rights Paradigm

III. EU Law as the Laboratory of Constitutional Theory

IV. The Institutional Choice Approach to EU Equality Law

2. The Notion of Equality

I. Why Equality?

II. What Kind of Equality?

III. The Relationship of Equality and Non-discrimination

3. Equality Testing: Different Kinds of Scrutiny

I. Three Standards of Scrutiny

II. Traditional Interpretive Explanation

III. Changing Perspectives: A Comparative Institutional Explanation

IV. Conclusion

4. Differential Treatment of EU Citizens

I. Non-discrimination on Grounds of Nationality: A Leitmotiv of the TFEU

II. Article 18(1) TFEU: A Relative Right to Equal Treatment

III. Challenges to the Equal Treatment of EU Citizens

IV. Equal Treatment of EU Citizens: An Institutional Choice Reconstruction

V. Conclusion

5. Reverse Discrimination

I. Reverse Discrimination: Its Definition, Egalitarian Tune and Relevance

II. The European Court of Justice's Handling of Reverse Discrimination

III. The Fundamental Boundaries Concern-or Institutional Choice in the Supranational Context

6. Affirmative Action for Women

I. The European Union Jurisprudence

II. The American Experience

III. Translating the American Experience to the European Debate

IV. Comparative Institutional Analysis of Affirmative Action

7. Conclusion

I. Breaking down the Divides

II. The Four Conceivable Relations between Equality Review and Institutional Choice

III. More Coherence through Doctrinal Adaptation

IV. Summary of the Thesis in Eight Points

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Table of Contents

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