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Thematic report - Evolution and Impact of the CJEU Case-Law

A new publication has been released by the European Network of Legal Experts in the field of non-discrimination. The report ‘The evolution and impact of the case-law of the Court of Justice of the European Union on Directives 2000/43/EC and 2000/78/EC’ authored by Colm O’Cinneide aims to provide a comprehensive overview of the evolution of the case-law of the Court of Justice of the European Union on the EU anti-discrimination directives (the Racial Equality Directive and the Employment Equality Directive). In particular, it will analyse how the Court has interpreted and applied the provisions of both directives and examine the impact of its jurisprudence. The study stresses in particular the reasoning that the Court has used to justify its decisions.

The report also examines how the interpretative approach adopted by the CJEU has been applied by national courts, with a view to assessing the impact of the Court’s case-law and the extent to which national courts have been willing to follow its reasoning when interpreting national anti-discrimination legislation in light of the directives. The materials used in this analysis include judgments of the Court, opinions of Advocate-Generals, academic commentary and decisions of national courts. The analysis covers the Court’s case-law as it stands as of 30 August 2012.

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