EU anti-discrimination law: has the CJEU stopped moving forward?

Article

Howard, E. 2018. EU anti-discrimination law: has the CJEU stopped moving forward? International Journal of Discrimination and the Law. 18 (2-3), pp. 60-81. https://doi.org/10.1177/1358229118788454
TypeArticle
TitleEU anti-discrimination law: has the CJEU stopped moving forward?
AuthorsHoward, E.
Abstract

This article analyses the protection which two EU Directives, adopted in 2000, provide against discrimination on the grounds of racial and ethnic origin, religion or belief, disability, age and sexual orientation. This protection is not the same for all these grounds and this has led to what is often referred to in the literature as a hierarchy of discrimination grounds. The article examines these differences in protection against discrimination and the reasons for them and includes an analysis of the influence of the case law of the CJEU on the development of this area of law. The argument in this article is that the CJEU has generally given a purposive and expansive interpretation to the provisions and has expanded the protection against discrimination in many cases, but three recent cases seem to form an exception to this. Possible reasons for this recent reticence are given.

Research GroupLaw and Politics
PublisherSage
JournalInternational Journal of Discrimination and the Law
ISSN1358-2291
Publication dates
Print01 Jun 2018
Online08 Oct 2018
Publication process dates
Deposited04 Jun 2018
Accepted01 Jun 2018
Output statusPublished
Accepted author manuscript
Copyright Statement

Horward, Erica, EU anti-discrimination law: has the CJEU stopped moving forward?, International Journal of Discrimination and the Law, Vol 18, Issue 2-3, pp. 60 - 81. Copyright © 2018 (The Author). Reprinted by permission of SAGE Publications.

Digital Object Identifier (DOI)https://doi.org/10.1177/1358229118788454
LanguageEnglish
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