Equality and Non-Discrimination in the EU
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Equality and Non-Discrimination in the EU

The Foundations of the EU Legal Order

Giovanni Zaccaroni

Discussing the fundamental role played by equality and non-discrimination in the EU legal order, this insightful book explores the positive and negative elements that have contributed to the consolidation of the process of EU legal integration. It provides an in-depth analysis of the three key dimensions of equality in the EU: equality as a value, equality as a principle and equality as a right.
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Chapter 3: Equality as a principle

Giovanni Zaccaroni

Abstract

This Chapter is about the role played by ‘equality as a principle’ within the EU constitutional legal order. This dimension of equality is rooted in international law, a part of the analysis that is done at the beginning of the Chapter. The analysis continues examining the different characteristics of equality as a principle, with particular reference to its justiciability and direct effect, as they emerge from the case law of the Court of Justice. The last part of the Chapter is devoted to the analysis of the sui generis and fundamental role played by equality as a principle in the EU constitutional legal order.

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