Stan cywilny osób homoseksualnych a zasada niedyskryminacji w orzecznictwie TSUE na tle odpowiedzi na pytanie prejudycjalne w sprawie c-267/12 – Frédéric Hay przeciw Credit Agricole mutuel de charente-maritime et des deux-sèvres

2015 ◽  
pp. 83-98
Author(s):  
Anna N. Schulz
Keyword(s):  
Case Law ◽  
Equal Treatment ◽  
Collective Agreement ◽  
Same Sex ◽  
Council Directive ◽  
Direct Discrimination ◽  
Civil Status ◽  
Sex Orientation ◽  
The Moment ◽  
The Eu

The text shows impact of the EU law on the internal legal order in question sat the edge of competences of the Members States, as matters of civil status stay beyond the exclusive competences of the EU. The ECJ develops previous case-law concerning relation between the non-discrimination rule and sex-orientation in the labor matters. In the light of the Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, the CJEU treated the French PACS concluded by a homosexual couple at the same way as a marriage in spite of the fact that the French legislation had highly differentiated both statuses at the moment when the facts of the case took place. The provisions of “the bank collective agreement, […] under which an employee who concludes a civil solidarity pact with a person of the same sex is not allowed to obtain the same benefits, such as days of special leave and a salary bonus, as those granted to employees on the occasion of their marriage, where the national rules of the Member State concerned do not allow persons of the same sex to marry” create a direct discrimination in the light of the Art.2(2)(a) of Directive2000/78/EC.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

The EU ETS and the role of the courts: Emerging contours in the case of Arcelor

Climate Law ◽  
2011 ◽  
Vol 2 (1) ◽  
pp. 19-36 ◽  
Author(s):  
Marjan Peeters
Keyword(s):  
Case Law ◽  
Equal Treatment ◽  
Eu Ets ◽  
Specific Design ◽  
Valuable Contribution ◽  
Actual Case ◽  
Proper Design ◽  
Interesting Discussion ◽  
The Eu

This article presents an in-depth examination of how one of the EU’s courts has assessed a foundational claim against the EU ETS. It concerns the Arcelor case, in which a large steel company filed an application before the General Court of the EU requesting the partial annulment of the European legislation establishing the EU ETS and claiming damages. The industry lost the case, but the considerations of the court offer a valuable contribution to the much-needed broader discussion about the proper design of legislative frameworks for trading greenhouse gas emissions rights. In particular, the court provided an interesting discussion on the principle of equal treatment, the cancellation of allowances in the case of the closure of an installation, and the need for price regulation. However, some shortcomings in the court’s decision are evident. The article concludes by observing that, besides the interest in examining what the actual case law means for the specific design and application of emissions-trading schemes like the EU ETS, it is equally important to examine the ways in which courts succeed in assessing claims about this complicated regulatory instrument.

scholarly journals Developments in family reunification cases before the CJEU

2019 ◽  
Vol 3 (2) ◽  
pp. 6-17
Author(s):  
Réka Friedery
Keyword(s):  
Family Life ◽  
Case Law ◽  
Family Reunification ◽  
Fundamental Rights ◽  
Eu Directive ◽  
Council Directive ◽  
Charter Of Fundamental Rights ◽  
European Standards ◽  
The Right ◽  
The Eu

Family reunification is defined by primary and secondary EU law and by the case law of the CJEU. The cornerstones are the Charter of Fundamental Rights encompasses the principle of the respect of family life and the fundamental European standards for family reunification of third-state nationals are based in the Council Directive on the Right to Family Reunification. The EU directive explicitly confirms among others that family reunification is a necessary way of making family life possible. The article analyses the way the jurisdiction of the CJEU widens the notion of family reunification and how it offers more realistic picture for the growing importance of family reunification.

Application of EU Law on Equal Treatment in Poland. État de choses in 2020

2020 ◽  
Vol 66 (4) ◽  
pp. 483-495
Author(s):  
Marcin Górski
Keyword(s):  
Case Law ◽  
Administrative Law ◽  
Equal Treatment ◽  
Institutional Setting ◽  
Eu Law ◽  
Full Implementation ◽  
Penal Law ◽  
Practical Effect ◽  
Polish Law ◽  
The Eu

After more than sixteen years of Poland’s membership in the EU, Polish equality law is far from the principle of effectiveness. The institutional setting is weak and the case-law is mostly disappointing. Within the last five years, state authorities have made significant efforts to deprive anti-discrimination instruments of practical effect - which was infamously demonstrated by e.g. the so-called “LGBT-free zones”. This article explores major areas of equality law in Poland (e.g. the Labour Code, penal law, and administrative law) in order to analyse the case-law and the functioning of the institutional mechanisms. The conclusion is that in practice Polish law does not assure full implementation of EU equality law.

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.

scholarly journals What's in a Name Case? Some Lessons for the Debate Over the Free Movement of Same-Sex Couples Within the EU

2016 ◽  
Vol 17 (3) ◽  
pp. 421-449 ◽  
Author(s):  
Martijn van den Brink
Keyword(s):  
Married Couples ◽  
Case Law ◽  
Free Movement ◽  
Same Sex ◽  
Member States ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
The Eu

This Article engages the debate over the free movement of same-sex couples and explores what can, and should, be learned from the case law on the recognition of names. These “name cases” provide valuable lessons for both the proponents and opponents of same-sex marriage recognition. These cases show, first, that Member States are under the presumption to recognize marriages performed in other Member States. This Article also considers the importance of the national and constitutional identities of the Member States and suggests that there remains a possibility that Member States may justify the non-recognition of a marriage or deprive same-sex couples of some of the rights heterosexual married couples benefit from. The Article explores how the EU is confronted with a federal clash of values and offers some suggestions on how to solve this clash.

scholarly journals The ECJ's Coman judgment: Recognition of same-sex marriage indirectly?

2021 ◽  
Vol 3 (2) ◽  
pp. 77-93
Author(s):  
Milena Petrović
Keyword(s):  
Case Law ◽  
Eu Law ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Eu Member States ◽  
European Court ◽  
To Come ◽  
Union Citizen ◽  
The Right ◽  
The Eu

In the Coman case, the European Court of Justice was asked whether the term "spouse" - for the purpose of EU law - includes the same-sex spouse of an EU citizen who has moved between EU Member States. The ECJ answered this question affirmatively, holding that a refusal to recognise a same-sex marriage and the resultant refusal to grant family reunification rights to a Union citizen who moves to another Member State, would constitute an unjustified restriction on the right to free movement that Union citiyens enjoy under EU law. This case comment analyses the judgment, arguing that the Court's pronouncement is a very welcome first step towards marriage equality at a cross-border level in the EU. At the same time, the case poses a number of important questions, which will only be answered in case law and practice in the years to come.

scholarly journals Primjena načela fiskalne neutralnosti u presudama suda pravde Evropske unije / Application of Fiscal Neutrality Principle in the Case Law of the Court of Justice of the European Union

2016 ◽  
Vol 6 (6) ◽  
pp. 120
Author(s):  
Dinka Antić
Keyword(s):  
European Union ◽  
Value Added ◽  
Case Law ◽  
Legal Framework ◽  
Capital Allocation ◽  
Theoretical Issue ◽  
The European Union ◽  
Court Of Justice ◽  
Council Directive ◽  
The Eu

Neutrality of value added tax (VAT) is not only a theoretical issue and unattainable myth but also a need for all modern economies. Higher degree of neutrality brings to a reduction of distortions on micro, macro and global economic system caused by selective taxation, with positive consequences on capital allocation efficiency at the national, regional and global level. The European Union, as a supranational integration, has mobilised all available legal mechanisms for elimination of harmful practice and policies that jeopardise VAT neutrality in the Member States and at the EU level as well. The EU is aiming at increasing the efficiency of the VAT system and coherence with the global VAT system promoted by OECD. By activities on reforming the EU legal framework in the field of VAT taxation taxpayers in the EU are brought to the level playing field at the EU Single Market and the world market as well. Legal framework at the EU level has been updated directly by amendments to the Council Directive 2006/112/EC and other related Council directives, and indirectly, via comprehensive case law of the Court of Justice of the EU. The practice of the Court and mandatory implementation of its case law indirectly contribute to uniformity of application of the VAT rules, its efficiency and neutrality in relation to position of taxpayers at the EU level. The Court decisions have become a powerful mechanism of supranational intervention in the EU VAT system aiming at achieving a higher degree of harmonisation of VAT system at the EU level. Due to the attitude of the Court that a principle of VAT neutrality has a supremacy over national VAT legislation and rules, the decisions have produced systematic implications for national tax systems as well.

Frédéric Hay v. Crédit Agricole Mutuel De Charente-Maritime Et Des Deux-Sèvres (E.C.J.)

2014 ◽  
Vol 53 (3) ◽  
pp. 502-511 ◽  
Author(s):  
Emily Mackenzie
Keyword(s):  
European Union ◽  
Sexual Orientation ◽  
Collective Agreement ◽  
The European Union ◽  
Same Sex ◽  
Same Sex Couples ◽  
Civil Partnership ◽  
Court Of Justice ◽  
Direct Discrimination ◽  
Employment Equality

On December 12, 2013, the Fifth Chamber of the Court of Justice of the European Union (ECJ or the Court) issued its decision in Frédéric Hay v. Crédit Agricole Mutuel de Charente-Maritime et des Deux-Sévres (the Hay decision), an important ruling on the rights of same-sex couples in the workplace. Certain provisions in a collective agreement allowed employees to claim particular benefits on the occasion of a marriage, but not on the occasion of the conclusion of a form of civil partnership. The Court found that, since at the relevant time homosexual couples were only permitted to enter into civil partnership and not marriage under French law, the impugned provisions constituted direct discrimination based on sexual orientation and were therefore prohibited by the 2000 Employment Equality Framework Directive (the Equality Directive).

Is There a Way Where There’s a Will? The Tensions between the Court’s Case Law and the Pillar in Delimiting Transnational Solidarity

2019 ◽  
Vol 21 (4) ◽  
pp. 509-539
Author(s):  
Ane Aranguiz ◽  
Miriam Quené
Keyword(s):  
Economic Status ◽  
Case Law ◽  
Equal Treatment ◽  
Social Benefits ◽  
Social Rights ◽  
Minimum Income ◽  
European Citizenship ◽  
The Right ◽  
Transnational Solidarity ◽  
The Eu

Abstract European citizenship has often served as a proxy for political visions of far-reaching social integration within the EU. Over the last years, this has been challenged by a number of judgments of the CJEU, which appear to increasingly restrict the access of economically inactive mobile EU citizens to social benefits under the Citizens Directive. By contrast, the more recent European Pillar of Social Rights enshrines the right to a minimum income for all citizens of the Union, regardless of their economic status or the legality of their residence. This article aims to address the resulting asymmetry between the Pillar and the CJEU’s current interpretation of the Citizens Directive, examining whether and to what extent the former could influence the latter. In doing so, it will discuss the background, objectives and interpretation of the Citizens Directive’s right to equal treatment, examine the scope of the minimum income principle contained in the Pillar, and highlight the key differences between the two.

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