Legal Protection against Discrimination based on Racial and Ethnic Origin Under European Union Law — Necessary but not Sufficient?

2003 ◽  
Vol 6 (1) ◽  
pp. 3-43 ◽  
Author(s):  
Siobhan McInerney
Keyword(s):  
European Union ◽  
Legal Protection ◽  
Ethnic Origin ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
European Union Law ◽  
Race Discrimination ◽  
Council Directive ◽  
Charter Of Fundamental Rights ◽  
Equality Provision

Inter-related developments at three distinct levels of European Union law relevan to protection against race discrimination are the focus of this article. First, the article considers Article 13 E.C. enacted by the Treaty of Amsterdam, and the enabling model it embodies. This model is critiqued and contrasted with other potential forms of equality provision, by drawing on international law models. Next, the article analyses the Council Directive on Equal Treatment between persons irrespective of racial or ethnic origin (EC 43/20(0) from a number of substantive and formal legal perspectives. Finally, the article discusses the Charter of Fundamental Rights of the E.U. and the import of its equality provision, Article 21. A number of themes recur in this piece: among them, the limitations of the current equality model with respect third country nationals and nationality discrimination which amounts to de facto race discrimination; the inadequacy of the current equality model to provide a consistent level of protection for all of the heads of discrimination enumerated in Article 13; and the absence of a general principle of equality which clearly binds Member States, E.U. citizens and the E.U. itself.

25. Equal Treatment and Non-Discrimination

EU Law ◽  
2020 ◽  
pp. 929-994
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Ethnic Origin ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
The European Union ◽  
Men And Women ◽  
Wide Range ◽  
Charter Of Fundamental Rights ◽  
The Uk ◽  
The Eu

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into the EU Treaties. Article 21 of the Charter prohibits discrimination on any ground. Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) contain horizontal clauses requiring the EU to promote equality between men and women, and to combat discrimination based on certain grounds, namely sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in all of its policies and activities. The UK version contains a further section analysing issues concerning EU discrimination law and the UK post-Brexit.

scholarly journals The Impact of the EU Charter of Fundamental Rights on Anti-Discrimination Law: More a Whimper than a Bang?

2018 ◽  
Vol 20 ◽  
pp. 32-60 ◽  
Author(s):  
Angela WARD
Keyword(s):  
Case Law ◽  
Ethnic Origin ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
European Convention ◽  
The European Union ◽  
Council Directive ◽  
Charter Of Fundamental Rights ◽  
The Impact ◽  
The Relationship

AbstractThis article explores the influence of Articles 20 and 21 of the Charter of Fundamental Rights of the European Union in the development of EU equal treatment law, with emphasis on forms of discrimination precluded by Council Directive 2000/43 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, and Directive 2000/78 establishing a general framework for equal treatment in employment and occupation. The author contends that although Articles 20 and 21 are primary measure of EU law, their impact in the development of case law elaborated pursuant to the Directives is relatively muted. This may have stunted the development of jurisprudence on the relationship between Articles 20 and 21 of the Charter, and rules contained in Title VI of the Charter governing its interpretation and application, such as Article 52(3) on the relationship between the Charter and the European Convention on Human Rights, and Article 52(1) on justified limitations. The author forewarns against the emergence of incoherence in the case law in this context, and with respect to the role of Articles 20 and 21 in disputes over the meaning of Directives 2000/43 and 2000/78 and calls for fuller reflection on Charter rules in disputes based on an allegation of discrimination.

25. Equal Treatment and Non-Discrimination

EU Law ◽  
2020 ◽  
pp. 963-1030
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Ethnic Origin ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
The European Union ◽  
Men And Women ◽  
Wide Range ◽  
Charter Of Fundamental Rights ◽  
The Uk ◽  
The Eu

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into the EU Treaties. Article 21 of the Charter prohibits discrimination on any ground. Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) contain horizontal clauses requiring the EU to promote equality between men and women, and to combat discrimination based on certain grounds, namely sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in all of its policies and activities. The UK version contains a further section analysing issues concerning EU discrimination law and the UK post-Brexit.

Court of Justice of the European Union (Seventh Chamber) Kerly Del Rosario Martinez Silva v Instituto nazionale della previdenza sociale (INPS) Comune di Genova

2018 ◽  
Vol 20 (3) ◽  
pp. 357-363
Author(s):  
Bjarney Friðriksdóttir
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Report ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
Preliminary Ruling ◽  
The European Union ◽  
Labour Law ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights

Abstract This case report provides an account of the issues addressed in the preliminary ruling of the CJEU in Martinez Silva vs. Italy. The case centres on the limitations Member States of the European Union are permitted to apply in granting third-country nationals in employment equal treatment with nationals in social security rights according to Directive 2011/98/EU (the Single Permit Directive). Additionally, the preliminary ruling of the Court is discussed is discussed in the context of the human rights principle of equal treatment as it is enshrined in EU Charter of Fundamental Rights and International Labour Law.

scholarly journals The Council of Europe and the European Union frameworks in the legal protection of minority languages: unity or diversity?

2011 ◽  
Vol 2 (1) ◽  
pp. 347-366
Author(s):  
Alessia Vacca
Keyword(s):  
European Union ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Minority Languages ◽  
The European Union ◽  
Council Of Europe ◽  
Treaty Of Lisbon ◽  
National Minorities ◽  
Charter Of Fundamental Rights ◽  
Regional Or Minority Languages

This article focuses on the comparison between European Union Law and Council of Europe Law in the field of the protection of minority languages and looks at the relationships between the two systems. The Council of Europe has been very important in the protection of minority languages, having created two treaties of particular relevance: the European Charter for Regional or Minority Languages in 1992 and the Framework Convention for the Protection of National Minorities in 1995; both treaties contain many detailed provisions relating to minority languages. Not all countries, even of the European Union, have ratified these treaties. 12 out of 27 EU countries did not ratify the European Charter for Regional or Minority Languages. The European Union supports multilingualism because it wants to achieve unity while maintaining diversity. Important steps, with respect to minority languages, were taken in the European Community, notably in the form of European Parliament Resolutions. The Charter of Fundamental Rights of the European Union, approved in Nice the 7th December 2000, contains art. 21 and art. 22 related to this topic. The Treaty of Lisbon makes a cross reference to the Charter of Fundamental Rights of the European Union which is, consequently, legally binding under the Treaty of Lisbon since December 2009. The Charter could give ground for appeal to the European Court of Justice in cases of discrimination on the grounds of language

scholarly journals eGovernment as an element of the right to good administration

2018 ◽  
Vol 331 ◽  
pp. 29-39
Author(s):  
Justyna Matusiak ◽  
Marcin Princ
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
European Union Law ◽  
Reasonable Time ◽  
Charter Of Fundamental Rights ◽  
Right To Good Administration ◽  
Administrative Proceedings ◽  
The Right ◽  
Procedural Rights

The right to good administration constitutes an established principle of European Union law, which includes the procedural rights of stakeholders in administrative proceedings, the result of which may affect their interests. Article 41 of the European Union Charter of Fundamental Rights states that every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions and bodies of the Union. When it comes to reasonable time of handling the case one can ask if eGovernment solutions are the guarantee of such a right. eGovernment understood as the use of all kinds of electronic means of communication, in particular, however, the Internet, improves services provided by the state to its citizens. The usage of IT technology in public administration allows it to perform its activities in a more efficient way. This improvement applies not only to the communication between parties but also to the quality of citizens’ life. To sum up, one can ask the question if the European right to good administration can be understood as the right to eGovernment solutions and if so, to what extent. Which services and technical solutions should be guaranteed as ones ensuring challenges of good administration?

Effective enforcement of EU labour law: A comparative example

2020 ◽  
Vol 11 (4) ◽  
pp. 403-412
Author(s):  
Michael Gotthardt
Keyword(s):  
European Union ◽  
Catholic Church ◽  
Fundamental Rights ◽  
Employment Relationship ◽  
Equal Treatment ◽  
European Convention ◽  
The European Union ◽  
Unequal Treatment ◽  
Procedural Law ◽  
Charter Of Fundamental Rights

The article looks at the outcome of the two legal proceedings in the Schüth and IR cases. In both cases employees of the Catholic Church – a choirmaster and organist in a Catholic parish and a trained physician working as Head of the Internal Medicine Department of a Catholic hospital - were dismissed because of the violation of the Basic Regulations on Employment Relationships in the Service of the Church. In the Schüth case Article 8 of the European Convention on Human Rights (ECHR), which protects the right to private and family life, had been violated. In the IR case the Charter of Fundamental Rights of the European Union and the Directive establishing a general framework for equal treatment in employment and occupation were applicable. The dismissal in IR was held to be unequal treatment in employment. But the outcome of both cases was very different. We find that Union law and in particular Article 47 of the Charter of Fundamental Rights of the European Union makes all the difference. In the Schüth case, the employment relationship was terminated and the claimant’s only consolation was a claim for damages from the State. In the IR case, on the other hand, the termination was declared invalid and the employment relationship continued, i.e. the head physician did not lose his job. The comparison of the cases demonstrates that European law, backed by Article 47 of the Charter of Fundamental Rights of the European Union, has not only permeated procedural law, it has also led to an increase in judicial reviews of substantive law which in the application of Union law is a far cry from a mere plausibility review.

scholarly journals Supremacía de la constitución versus primacía del derecho de la UE en materia derechos fundamentales: concordancias y discordancias entre el tribunal constitucional y el tribunal de justicia de la UE en el asunto Melloni

2017 ◽  
pp. 637
Author(s):  
Francisco Javier Donaire Villa
Keyword(s):  
European Union ◽  
National Level ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
European Arrest Warrant ◽  
Charter Of Fundamental Rights ◽  
The Eu

Se analiza en este artículo el primer diálogo judicial directo entre el TC español y el Tribunal de Justicia de la UE, sobre la Euroorden y la interpretación del artículo 53 de la Carta de los Derechos Fundamentales de la UE cuando el nivel nacional de protección de los derechos es superior al dispensado por una norma de Derecho derivado de la Unión. Se ponen de manifiesto las posibles tensiones entre supremacía constitucional y primacía del Derecho de la Unión Europea, y la evocación por el Tribunal Constitucional de su doctrina de los derechos constitucionalmente reconocidos como límites a la integración en la Sentencia que cierra el diálogo con el Tribunal de Justicia en el Asunto Melloni.This paper surveys the first direct judicial dialogue between the Spanish Constitutional Court and the Court of Justice of the European Union on the European Arrest Warrant and the interpretation of Article 53 of the Charter of Fundamental Rights of the EU when the national level of protection of rights is higher than that provided by a rule of secondary legislation of the Union. It highlights the possible tensions between constitutional supremacy and primacy of European Union law, and the evocation made by the Constitutional Court of its doctrine on rights constitutionally recognized as limits to the European integration contained in the judgment which closes the dialogue between both Courts within the so-called Melloni case.

9. European Union law and institutions

2019 ◽  
pp. 127-140
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Legislative Process ◽  
The European Union ◽  
European Union Law ◽  
Essential Information ◽  
Treaty Provision ◽  
Charter Of Fundamental Rights ◽  
Fundamental Rights And Freedoms ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the framework and institutions of the European Union. It covers European Union Treaty framework since 1957; sources of EU law and their status after the UK leaves the European Union; the effect of leaving the European Union on the Charter of Fundamental Rights and Freedoms; failure to transpose a Directive into national law; the effect of leaving the European Union on the Francovich principle; breach of a Treaty provision by the national legislature; breach of a Treaty provision by the national administration; incorrect transposition of a Directive into national law; liability of judicial acts; the Lisbon Treaty and the procedure for withdrawal from the European Union under Art 50. This chapter also looks at the legislative process of withdrawal from the European Union including the European Union (Withdrawal) Act 2018.

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