The development of age and disability equality within the European Union: the Court of Justice and the (mis)implementation of EU general principles

5.00
Hdl Handle:
http://hdl.handle.net/10547/623329
Title:
The development of age and disability equality within the European Union: the Court of Justice and the (mis)implementation of EU general principles
Authors:
Gualco, Elena
Abstract:
Over the years, EU general principles have proven to be an essential source of protection of equality. The approach followed by the European Court of Justice has made general principles one of the most effective sources of law towards the goal of expanding the protection of equality and improving its enforcement. Against this backdrop, the article argues that some recent decisions in the fields of disability and age discrimination challenge the merits of such approach and eventually disclose its shortcomings. The ruling in Kaltoft shows at time a lack of consistency of the CJEU case-law and a far too discretional reasoning, while Dansk Industri and Parris demonstrate that the Court’s arbitrary approach has the capacity to ultimately jeopardise the effective and fair enjoyment of equality as an individual right.
Citation:
Gualco E (2019) 'The development of age and disability equality within the European Union: the Court of Justice and the (mis)implementation of EU general principles', Diritto pubblico comparato ed europeo, 4 (), pp.-.
Publisher:
Il Mulino
Journal:
Diritto pubblico comparato ed europeo
Issue Date:
1-Dec-2019
URI:
http://hdl.handle.net/10547/623329
Type:
Article
Language:
en
ISSN:
1720-4313
EISSN:
2612-2219
Appears in Collections:
Law

Full metadata record

DC FieldValue Language
dc.contributor.authorGualco, Elenaen
dc.date.accessioned2019-06-10T09:22:31Z-
dc.date.available2019-06-10T09:22:31Z-
dc.date.issued2019-12-01-
dc.identifier.citationGualco E (2019) 'The development of age and disability equality within the European Union: the Court of Justice and the (mis)implementation of EU general principles', Diritto pubblico comparato ed europeo, 4 (), pp.-.en
dc.identifier.issn1720-4313-
dc.identifier.urihttp://hdl.handle.net/10547/623329-
dc.description.abstractOver the years, EU general principles have proven to be an essential source of protection of equality. The approach followed by the European Court of Justice has made general principles one of the most effective sources of law towards the goal of expanding the protection of equality and improving its enforcement. Against this backdrop, the article argues that some recent decisions in the fields of disability and age discrimination challenge the merits of such approach and eventually disclose its shortcomings. The ruling in Kaltoft shows at time a lack of consistency of the CJEU case-law and a far too discretional reasoning, while Dansk Industri and Parris demonstrate that the Court’s arbitrary approach has the capacity to ultimately jeopardise the effective and fair enjoyment of equality as an individual right.en
dc.language.isoenen
dc.publisherIl Mulinoen
dc.rightsYellow - can archive pre-print (ie pre-refereeing)-
dc.rights.urihttp://creativecommons.org/licenses/by-nc-nd/4.0/*
dc.subjectEuropean Unionen
dc.subjectnon-discriminationen
dc.subjectage discriminationen
dc.subjectDisabilityen
dc.subjectM120 European Union Lawen
dc.titleThe development of age and disability equality within the European Union: the Court of Justice and the (mis)implementation of EU general principlesen
dc.typeArticleen
dc.identifier.eissn2612-2219-
dc.identifier.journalDiritto pubblico comparato ed europeoen
dc.date.updated2019-06-10T09:20:19Z-
dc.description.noteHi, if this is to be eligible for REF it needs to have a full text file attached - this cannot be the final pdf but could be the version after peer review but before publisher formatting applied. RVO 7/6/19-
This item is licensed under a Creative Commons License
Creative Commons
All Items in UOBREP are protected by copyright, with all rights reserved, unless otherwise indicated.