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Developing Anti-discrimination Law in Europe - the 27 EU Member States compared
The fourth edition of the comparative review of the transposition of
the EC Racial Equality and the Employment Equality directives in the national law
of 27 EU Member States has been published.
The
present analysis, prepared by Isabelle Chopin and Eirini-Maria Gounari
(Migration Policy Group), compares and draws some conclusions from the information
regarding the transposition of the two Directives set out in country reports
annually prepared by the European Network of Independent Legal Experts in the
non-discrimination field, a network established and managed by Human European
Consultancy and the Migration Policy Group on behalf of the European
Commission. The reports were written by independent national experts in
each Member State. The information was provided in response to questions set
out in a template format which closely followed the provisions of the two
Directives. The
27 reports cover the many changes to national law, the putting in place of
enforcement mechanisms and the adoption of other measures. They contain
information current as of 31 December 2008. As such, they are a valuable source
of information on national anti-discrimination law.
The present analysis also updates findings from the preceding
comparative report issued in 2007 and adds sections on Romania and Bulgaria
which were previously not covered.
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Thematic report published - Towards a balance between right to equality and other fundamental rights
A new thematic report from the
European Network of Legal Experts, titled "Towards a balance between right
to equality and fundamental rights " is published. This report, authored
by Emmanuelle Bribosia and Isabelle Rorive, is published by the European Commission
and describes the conflicts between fundamental rights and the right to equal
treatment as prescribed by the Racial Equality Directive (2000/43/EC) and the
Employment Equality Directive (2000/78/EC).
The report provides some tools
and guidelines to lawmakers and national judges to better address conflicts
between the principle of non-discrimination and fundamental rights. The authors
attempt to design an adequate and useful typology and methodology to comprehend
conflicts between fundamental rights and the right to equality. In particular,
they focus on inter-rights conflicts (e.g. equality v. freedom of thought,
conscience and religion) and intra-right conflicts (e.g. equality v. equality).
The French version is available now, the English and German version will be available soon.
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European Anti-Discrimination Law Review Issue No. 9 is published
The ninth edition of the bi-annual European
Anti-Discrimination Law Review, available in English, French and German, has been published. This issue includes articles on the South African equality
law by Prof. Cathy Albertyn, on housing rights and racial discrimination by Dr.
Nathalie Boccadoro, an overview of the European anti-discrimination law and
policy, updates on the case-law of the European Court of Justice and European
Court of Human Rights, as well as important case-law of the EU Member States
(the information reflects, as much as possible, the state of affairs as of 15
June 2009).
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Issue No. 8 European Anti-discrimination Law Review published
The European
Anti-
discrimination Law Review is a bi-annual publication prepared by the
European Network of Legal Experts in the non-
discrimination field. The Law Review is published in English, French and German.
The new issue no. 8 of the Law Review (EN, FR and DE), covering the
period between 15 June 2008 and 15 January 2009, has recently been published. The Law Review includes articles
addressing the question of equal access to workplace benefits for same-sex
couples and reflecting on the European Court of Justice Maruko case and on the
application of the principle of equality in public procurement. In addition, it
provides an overview of the latest developments in non-discrimination law in
the EU Member States and includes updates on legal policy developments at the
European level and on case law of the European Court of Justice and the European
Court of Human Rights.
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Disability and non-discrimination law
This thematic report from the European Network
of Legal Experts, titled "Disability
and non-discrimination law in the European Union" is published. This
report, authored by Lisa Waddington and Anna Lawson, is published by the
European Commission on the authority of the European Network of Independent
Legal Experts in the non-discrimination field, a network established and
managed by MPG and the Human European Consultancy.
The first part of the report examines the disability provisions of the
Employment Equality Directive and also relevant case law of the European Court
of Justice. It also explores how the Member States have transposed and
interpreted specific provisions of the Directive, including examining how the
personal scope of the national legislation has been defined, and how the
concept of reasonable accommodation has been elaborated on.
read complete article
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How to order publications
To order your copy of an issue of the Law
Review please go to our order page
To order your copy of a thematic report
please visit the EU Bookshop.
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Issue No. 10 European Anti-discrimination Law Review published
The tenth edition of the
bi-annual European Anti-Discrimination Law Review, available in English, French
and German, has been published. This issue includes an article on the sources
of United States equality law written by David B. Oppenheimer, Professor of
Law, University of California, Berkeley School of Law, and an article by Julie
Ringelheim, Resercher, Belgian National Fund for Scientific Research (FNRS) and
the Centre for Philosophy of Law of the University of Louvain in Belgium, on
the prohibition of racial and ethnic discrimination in access to services under
EU law. In addition, the present issue provides an overview of the European
anti-discrimination law and policy latest developments, updates on the case-law
of the European Court of Justice and European Court of Human Rights, as well as
important developments of the EU Member States (the information reflects, as
much as possible, the state of affairs as of 15 January 2010).
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Thematic Report on Migration and Discrimination
This thematic report from the European Network of Legal Experts, titled "Links between Migration and
Discrimination" is published. This
report, authored by Olivier De Schutter, is published by the European
Commission and describes the links between nationality and protection from
discrimination under EU and international law as well as in the domestic legal
systems of the EU Member States. Its purpose is to identify whether
third-country nationals are protected once they enter the European Union from
discrimination on grounds of nationality and from discrimination on grounds of
race, ethnic origin or religion in situations where nationality is used as a
proxy for these grounds.
The report also
aims to identify if there is a gap in the degree of protection afforded to
third-country nationals, by examining whether they are protected from
discrimination on grounds of nationality under international or European human
rights law, under national constitutions, or under the ordinary domestic
legislation of EU Member States. After thorough analysing this issue, the
author draws important conclusions, stressing that the prohibition of
discrimination may imply that differences in treatment between nationals and
foreigners may be subject to scrutiny, and that when implementing EU law,
Member States should take into account the need not to establish or maintain
differences in treatment between different categories of foreign nationals.
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Limits and potential of the concept of indirect discrimination
This thematic report, published in November 2008
by the European Commission, is entitled ‘Limits and potential of the
concept of indirect discrimination' and was written by Professor Christa Tobler.
The report examines the broader context of the concept of indirect
discrimination by underlining international human rights law instruments which
have addressed this issue, whether at UN or Council of Europe level. It places
the concept within the system of EC law and carefully analyses the definition
of indirect discrimination under both the Racial and Employment Equality
Directives. The report highlights the challenges brought by the practical
application of the prohibition of indirect discrimination under EC law and
emphasises potential relationships with other concepts of EC non-discrimination
law in the social field.
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European Commission publications drafted by the network
Various Thematic Reports are published by the European
Commission which are drafted by the European Network of Independent Legal
Experts in the non-discrimination field, in order to address specific issues of
concern. They are available in English, French and German and can be ordered
through the European Commission Publication Office.
Titles of Thematic Reports published so far are:
Links between migration and discrimination
EN,
FR,
DE
Disability and non-discrimination law in the European Union
EN
,FR,
DE
Limits and Potential of the concept of indirect
discrimination
EN, FR,
DE
Segregation of Roma children in education: addressing
structural discrimination through the Race Equality Directive
EN, FR,
DE
Beyond formal equality: positive action under Directives
2000/43/EC and 2000/78/EC
EN, FR,
DE
Measuring discrimination: data collection and EU equality
law', ‘Religion and belief: discrimination in employment - the EU law
EN, FR,
DE
Religion and belief: discrimination in employment - the EU
law
EN, FR,
DE
Catalysts for change: equality bodies according to
Directive 2000/43/EC
EN,
FR,
DE
Equal rights versus special rights? Minority protection and
the prohibition of discrimination
EN,
FR,
DE
Remedies and sanctions in EC non-discrimination law', ‘Age
discrimination and European Law
EN,
FR,
DE
Age discrimination and European Law
EN, FR,
DE
The prohibition of discrimination under European Human
Rights Law: relevance for EU Racial and Employment Equality Directives
EN,
FR,
DE
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