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

Gualco, Elena

dc.contributor.author	Gualco, Elena	en
dc.date.accessioned	2019-06-10T09:22:31Z
dc.date.available	2019-06-10T09:22:31Z
dc.date.issued	2019-12-01
dc.identifier.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.979-998.	en
dc.identifier.issn	1720-4313
dc.identifier.doi	10.17394/95736
dc.identifier.uri	http://hdl.handle.net/10547/623329
dc.description.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.
dc.language.iso	en	en
dc.publisher	Il Mulino	en
dc.relation.url	https://www.rivisteweb.it/doi/10.17394/95736
dc.rights	Yellow - can archive pre-print (ie pre-refereeing)
dc.rights.uri	http://creativecommons.org/licenses/by-nc-nd/4.0/	*
dc.subject	European Union	en
dc.subject	non-discrimination	en
dc.subject	age discrimination	en
dc.subject	Disability	en
dc.subject	M120 European Union Law	en
dc.title	The development of age and disability equality within the European Union: the Court of Justice and the (mis)implementation of EU general principles	en
dc.type	Article	en
dc.identifier.eissn	2612-2219
dc.identifier.journal	Diritto pubblico comparato ed europeo	en
dc.date.updated	2019-06-10T09:20:19Z
dc.description.note	Hi, 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
html.description.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.