EU non-discrimination law in the courts : approaches to sex and sexualties discrimination in EU law / Jule Mulder.

Author
Mulder, Jule [Browse]
Format
Book
Language
English
Published/​Created
Oxford ; Portland, Oregon : Hart Publishing, 2017.
Description
xxix, 314 pages ; 24 cm

Availability

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Firestone Library - Stacks KJE5142 .M85 2017 Browse related items Request

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    Subject(s)
    Summary note
    Since the year 2000, the material and personal scope of EU non-discrimination law has been significantly broadened and has challenged national courts to introduce a comprehensive equality framework into their national law to correspond with the European standard. The book provides a multi-layered culturally informed comparison of juridical approaches to EU (in)direct sex and sexualities discrimination and its implementation in Germany and the Netherlands. It examines how and why national courts apply national non-discrimination law with a European origin differently, although the legislation derives from the same set of EU law and the national courts have to respect the interpretive competence of the CJEU. The book provides valuable insights into the national and European context which shape the dialogue and influences of the courts inter se, the national application of EU law, and the harmonisation process within the area of gender equality law and beyond. A Dutch and German comparison is of special interest here because both countries' approaches towards non-discrimination law are quite different despite the similarities in the respective legal systems; they are founding members of the EU, they are neighbours, they are civil law countries, and their legal systems are relatively similar at least compared to Scandinavian and common law jurisdictions. Therefore, the different reception EU non-discrimination law cannot simply be explained by obvious differences between the legal systems. Their comparison thus provides an interesting case study to uncover legal and non legal, cultural and historic, factors which influence the application of EU non-discrimination law in both countries. The book is of interest for EU, comparative and equality lawyers.-- Provided by Publisher.
    Notes
    • Cover subtitle: Approaches to sex and sexualities discrimination in EU law.
    • Based on the author's thesis (doctoral)--University of Leeds, 2013.
    Bibliographic references
    Includes bibliographical references (pages 273-306) and index.
    Contents
    • Equality and non-discrimination law
    • Non-discrimination law within the German and Dutch national systems
    • The national courts' recognition of the gender dimension within cases on sex and sexual orientation
    • The Dutch and German approaches toward direct discrimination
    • The German and Dutch approaches towards indirect discrimination
    • EU non-discrimination law in the courts.
    Other title(s)
    European Union non-discrimination law in the courts
    ISBN
    • 9781849467636 ((hardback))
    • 1849467633 ((hardback))
    LCCN
    2016050809
    OCLC
    952385242
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