Edited by Paul James Cardwell and Marie-Pierre Granger
Chapter 11: Everyone is equal, but some more than others: judicial governance of EU anti-discrimination law
EU anti-discrimination law was initially only constituted by a principle of equal pay, but developed into a core principle and comprehensive body of directly effective rules in the hands of the Court of Justice of the European Union (CJEU). This chapter explores key properties of this development; the CJEU’s judicial governance in the domain of anti-discrimination law; and the extent of contestation by Member States of the rule of the CJEU the dynamic exchange of which has been driving the legislative and judicial development. The chapter accounts for a development in three stages: first, the consolidating period of the 1970s, when the CJEU established general formal equality rights; secondly, the expansion of the equal pay conception in the 1980s and 1990s; and thirdly, the period after the Amsterdam Treaty when the CJEU’s judicial governance unfolded on a different legislative basis with the Article 19 TFEU Directives and the Charter of Fundamental Rights.
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