European Equality Law Review 2017/1

Summary:

This is the fifth issue of the biannual European equality law review, produced by the European network of legal experts in gender equality and non-discrimination (EELN). This issue provides an overview of legal and policy developments across Europe, and as far as possible reflects the state of affairs from 1 July to 31 December 2016. The aim of the EELN is to provide the European Commission and the general public with independent information regarding gender equality and non-discrimination law, and more specifically the transposition and implementation of the EU equality and non-discrimination directives. This law review contains a section relating to the most recent case law of the Court of Justice of the European Union and of the European Court of Human Rights, and a section detailing the most recent developments in legislation, case law and policy on the national level.1 It also contains four in-depth analytical articles.

• In the field of non-discrimination law, Nathalie Ferré from the Institute for Interdisciplinary Research on Social Issues (France) contributes an article on the landmark decisions of the French Court of Cassation that found in 2016 that the French State was liable for racial profiling through the activities of the police.
• In the field of gender equality Elisabeth Holzleithner from the University of Vienna analyses physical requirements in the context of employment.
• An EU-external perspective is provided through an article authored by Adnan Kadribasic from the University of Sarajevo on the development and current state of gender equality and non-discrimination law in Bosnia and Herzegovina.
• Finally, in the field of gender equality, Rachel Horton from the University of Reading investigates the right to request flexible working in the UK.

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