Reconceptualising European Equality Law PDF Download

Author: Johanna Croon-Gestefeld
Publisher:
ISBN: 9781509909674
Category : Civil rights
Languages : en
Pages :

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Author: Johanna Croon-Gestefeld
Publisher: Bloomsbury Publishing
ISBN: 1509909680
Category : Law
Languages : en
Pages : 279

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Book Description
This important new book seeks to widen the understanding of the principle of equality within European law. Firstly, it deconstructs the European Court of Justice's adjudication of cases in the field. It then explores how the Member States' courts decide on the question of equality. This detailed rigorous research allows the author to argue for a reconceptualised equality doctrine. Such an adaptation, the author argues, will provide judges, practitioners and academics with the tools to balance institutional considerations against substantive interpretation. Theoretically ambitious, while grounded in practical application, this is a significant restatement of one of the key principles of European law: the equality doctrine.

Author: Johanna Croon-Gestefeld
Publisher: Bloomsbury Publishing
ISBN: 1509909699
Category : Law
Languages : en
Pages : 282

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Book Description
This important new book seeks to widen the understanding of the principle of equality within European law. Firstly, it deconstructs the European Court of Justice's adjudication of cases in the field. It then explores how the Member States' courts decide on the question of equality. This detailed rigorous research allows the author to argue for a reconceptualised equality doctrine. Such an adaptation, the author argues, will provide judges, practitioners and academics with the tools to balance institutional considerations against substantive interpretation. Theoretically ambitious, while grounded in practical application, this is a significant restatement of one of the key principles of European law: the equality doctrine.

Author: Elspeth Guild
Publisher: Martinus Nijhoff Publishers
ISBN: 9004251529
Category : Law
Languages : en
Pages : 423

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Book Description
This book maps out, from a variety of theoretical standpoints, the challenges generated by European integration and EU citizenship for community membership, belonging and polity-making beyond the state. It does so by focusing on three main issues of relevance for how EU citizenship has developed and its capacity to challenge state sovereignty and authority as the main loci of creating and delivering rights and protection. First, it looks at the relationship between citizenship of the Union and European identity and assesses how immigration and access to nationality in the Member States impact on the development of a common European identity. Secondly, it discusses how the idea of solidarity interacts with the boundaries of EU citizenship as constructed by the entitlement and capacity of mobile citizens to enjoy equality and social rights as EU citizens. Thirdly, the book engages with issues of EU citizenship and equality as the building blocks of the EU project. By engaging with these themes, this volume provides a topical and comprehensive account of the present and future development of Union citizenship and studies the collisions between the realisation of its constructive potential and Member State autonomy.

Author:
Publisher:
ISBN: 9781107178656
Category : Discrimination
Languages : en
Pages : 370

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Book Description
This comprehensive volume provides a fresh approach to equality and anti-discrimination law in the European Union.

Author: Renato Miguel Carmo
Publisher: Springer
ISBN: 3319650068
Category : Social Science
Languages : en
Pages : 259

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Book Description
This edited collection analyses social inequality in the European Union, within and between countries. The work critically explores both vertical inequality, existing between those with high incomes and low incomes, and horizontal inequality, existing between groups according to nationality, age, ethnicity, and gender. Reducing Inequalities has been written by leading academics in the field who describe the current social situation in the European Union, focussing on inequality from a multidimensional perspective that includes income, poverty, social exclusion, education. The authors argue that social issues such as these have become national prerogatives for countries within the European Union. In response they ask: How does the European Union engage with inequality today? What principles of social solidarity ought to be applied between states and citizens of the European Union? What should be the role of European Union and its institutions regarding the challenge of reducing inequality? This book will be of interest to anyone seeking to understand inequality as a multidimensional concept, rather than solely as an economic phenomenon, across different geographical and historical contexts.

Author: Anders Molander
Publisher: Taylor & Francis
ISBN: 131545047X
Category : Political Science
Languages : en
Pages : 101

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Book Description
Welfare state professionals decide or establish premises as to whom will receive what, in what manner, when and how much, and when enough is enough. They control who passes through the gates of the welfare state. This book provides an in-depth understanding of the phenomenon of discretion. It shows why the delegation of discretionary powers to professionals in the front-line of the welfare state is both unavoidable and problematic. Extensive use of discretion can threaten the principles of the rule of law and relinquish democratic control over the implementation of laws and policies. The book introduces an understanding of discretion that adds an epistemic dimension (discretion as a mode of reasoning) to the common structural understanding of discretion (an area of judgment and decision). Accordingly, it distinguishes between structural and epistemic measures of accountability. The aim of the former is to constrain discretionary spaces or the behavior within them while the aim of the latter is to improve the quality of discretionary reasoning. This text will be of key interest to scholars and students in the fields of applied philosophy, public policy and public administration, welfare state research, and the sociology of professions.

Author: Israel (Issi) Doron
Publisher: Edward Elgar Publishing
ISBN: 1788972112
Category : Law
Languages : en
Pages : 224

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Book Description
Europe is ageing. However, in many European countries, and in almost all fields of life, older persons experience discrimination, social exclusion, and negative stereotypes that portray them as different or a burden to society. This pivotal book is the first of its kind, providing a rich and diverse analysis of the inter-relationships between ageing, ageism and law within Europe.

Author: Richard Lang
Publisher: BRILL
ISBN: 9004354263
Category : Law
Languages : en
Pages : 390

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Book Description
In Complex equality and the Court of Justice of the European Union: Reconciling Diversity and Harmonization, Richard Lang proposes that the EU’s judges adopt Walzerian Complex Equality as a complement to their existing, and unsatisfactory, test for equality based on Aristotle.

Author: Nathan Cambien
Publisher: BRILL
ISBN: 9004433074
Category : Law
Languages : en
Pages : 562

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Book Description
European citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.