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EU Non-Discrimination Law in the Courts - Approaches to Sex and Sexualities Discrimination in EU Law (Hardcover)
Loot Price: R3,456
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EU Non-Discrimination Law in the Courts - Approaches to Sex and Sexualities Discrimination in EU Law (Hardcover)
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Since the year 2000, the material and personal scope of EU
non-discrimination law has been significantly broadened and has
challenged national courts to introduce a comprehensive equality
framework into their national law to correspond with the European
standard. The book provides a multi-layered culturally informed
comparison of juridical approaches to EU (in)direct sex and
sexualities discrimination and its implementation in Germany and
the Netherlands. It examines how and why national courts apply
national non-discrimination law with a European origin differently,
although the legislation derives from the same set of EU law and
the national courts have to respect the interpretive competence of
the CJEU. The book provides valuable insights into the national and
European context which shape the dialogue and influences of the
courts inter se, the national application of EU law, and the
harmonisation process within the area of gender equality law and
beyond. A Dutch and German comparison is of special interest here
because both countries' approaches towards non-discrimination law
are quite different despite the similarities in the respective
legal systems; they are founding members of the EU, they are
neighbours, they are civil law countries, and their legal systems
are relatively similar at least compared to Scandinavian and common
law jurisdictions. Therefore, the different reception EU
non-discrimination law cannot simply be explained by obvious
differences between the legal systems. Their comparison thus
provides an interesting case study to uncover legal and non legal,
cultural and historic, factors which influence the application of
EU non-discrimination law in both countries. The book is of
interest for EU, comparative and equality lawyers.
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