Challenges at the Crossroads of the European, National and Private Spheres
Edited by Sybe de Vries, Henri de Waele and Marie-Pierre Granger
Chapter 6: EU citizenship and EU anti-discrimination law: barriers to the enjoyment of the right to non-discrimination resulting from the legal anti-discrimination framework
By providing an overview of the EU’s anti-discrimination legal framework, the main aim of this chapter is to identify some of the barriers to the full enjoyment by the Union citizens of the right to non-discrimination that result from the current structure of that framework. Starting with an explanation of how ‘equality’ and ‘non-discrimination’ are understood in EU law and what the sources of EU anti-discrimination law are, the chapter then discusses the importance of the anti-discrimination law from the perspective of Union citizenship. Next, it analyses the characteristics of the EU anti-discrimination law, focusing on the forms of discrimination recognised as well as grounds on which discrimination is prohibited. It then identifies three groups of barriers which limit the possibilities to enjoy the right to non-discrimination. Lastly, the chapter provides some general conclusions based on the above analysis.
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