The case law of the Court of Justice in the field of sex equality since 2000

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Series Details Vol.43, No.6, December 2006, p1567–1616
Publication Date December 2006
ISSN 0165-0750
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Publishers Abstract:
This article examines developments in EC sex equality law from Apr 1, 2000 to Oct 4, 2006. In the period under review, the general principle of equality has played a prominent role in a number of cases, emerging as a powerful, if protean, judicial tool. The general principles of EC law cover two broad bodies of law: fundamental rights and administrative fairness. Various formulations of the general principle are employed in the sex equality case law, reflecting both sources. With the general principle of equality, it has fashioned for itself a creative tool which will ensure that the impact of legislative developments is ultimately mediated through jurisprudence. It is to be hoped that the general principle is conceived of in substantive terms, rather than as a thin equal treatment guarantee. The challenges ahead are considerable. As cases raising multiple grounds of discrimination come to the ECJ, the question of a hierarchy of discriminatory grounds will no doubt emerge.

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