简介
The non-discrimination principle enshrined in the Treaty of Rome has grown, through the case law of the European Court of Justice, into a normative core of the utmost importance for the totality of Community law. In particular, the equal treatment doctrine which developed from the application of non-discrimination in employment continues to challenge the legal structures of labour law and European social integration. This remarkable collection of essays presents the proceedings of a conference held at Lund University in December 2000, sponsored by the Norma Research Programme, which studies normative patterns and their development in the legal regulation of employment, housing, family and social security from a European integration perspective. Important areas of discussion include the following, among many other topics: indirect discrimination defining the protected group pregnancy discrimination positive action flexibilisation of working life rights of contract workers reasonable adjustments for workers with disabilities In an interesting outcome, the discussion reveals that an analysis in terms of discrimination adds to our understanding of law even in areas that are not generally articulated in such terms. In the wake of the European Charter of Fundamental Rights, and in the light of the distinct possibility that Europe may be moving toward a `Single Non-Discrimination/Equal Treatment Act', this is a fruitful point of view--one of many insights that make this book a rich mine of material with which practitioners, academics, and other interested professionals can further the development of the equal treatment principle in European law.
目录
Table Of Contents:
Preface vii
Introduction Equal Treatment - A Normative Challenge 1(30)
Ann Numhauser-Henning
I. Non-Discrimination Law and Normative Development in Process
Structural Aspects of Anti-Discriminatory Legislation and Processes of Normative Change 31(30)
Anna Christensen
The Importance of a Structural Analysis in the Field of Anti-Discrimination Law. Comments on Anna Christensen's article 61(4)
Evelyn Ellis
Non-Discrimination as a Social and a Free Market Value 65(26)
Per Norberg
Social Law, Market Law and Discrimination. Comments on Per Norberg's article 91(4)
Niklas Bruun
From Employee to EU Citizen - A Development from Equal Treatment as a Means to Equal Treatment as a Goal? 95(30)
Mattias Malmstedt
The Place of Equal Protection on Grounds of Nationality in EU Law. Comments on Mattias Malmstedt's article 125(18)
Frans Pennings
II. Sex Discrimination and Legal (In-)Efficiency
Indirect Sex Discrimination in the European Court of Justice's Version 143(18)
Karin Lundstrom
Indirect Sex Discrimination in the European Court of Justice's Version. Comments on Karin Lundstrom's article 161(8)
Lynn Roseberry
A Blessing or a Ban? About the Discrimination of Pregnant Job-Seekers 169(36)
Jenny Julen
Pregnancy Discrimination in EU Law. Comments on Jenny Julen's article 205(12)
Clare McGlynn
On Equal Treatment, Positive Action and the Significance of a Person's Sex 217(34)
Ann Numhauser-Henning
On Equal Treatment, Positive Action and the Significance of a Person's Sex. Comments on Ann Numhauser-Henning's article 251(10)
Erika Szyszczak
III. Equal Treatment and the Future of Labour Law
The Right to Direct and Allocate Work - From Employer Prerogatives to Objective Grounds 261(28)
Mia Ronnmar
The Right to Direct and Allocate Work - From Employer Prerogatives to Objective Grounds. Comments on Mia Ronnmar's article 289(8)
Ruth Nielsen
Equal Treatment of Employees and Self-Employed Workers 297(20)
Samuel Engblom
Equal Treatment of Employees and Self-Employed Workers. Comments on Samuel Engblom's article 317(6)
Simon Deakin
Discrimination of People with Disabilities. Normative Aspects of Disability and Work in a Swedish, English and EC Context 323(28)
Andreas Inghammar
Disability Discrimination at Work. Comments on Andreas Inghammar's article 351(10)
Alan C. Neal
Cases (European Court of Justice) 361(6)
Bibliographical data on contributing authors 367(4)
Index 371
Preface vii
Introduction Equal Treatment - A Normative Challenge 1(30)
Ann Numhauser-Henning
I. Non-Discrimination Law and Normative Development in Process
Structural Aspects of Anti-Discriminatory Legislation and Processes of Normative Change 31(30)
Anna Christensen
The Importance of a Structural Analysis in the Field of Anti-Discrimination Law. Comments on Anna Christensen's article 61(4)
Evelyn Ellis
Non-Discrimination as a Social and a Free Market Value 65(26)
Per Norberg
Social Law, Market Law and Discrimination. Comments on Per Norberg's article 91(4)
Niklas Bruun
From Employee to EU Citizen - A Development from Equal Treatment as a Means to Equal Treatment as a Goal? 95(30)
Mattias Malmstedt
The Place of Equal Protection on Grounds of Nationality in EU Law. Comments on Mattias Malmstedt's article 125(18)
Frans Pennings
II. Sex Discrimination and Legal (In-)Efficiency
Indirect Sex Discrimination in the European Court of Justice's Version 143(18)
Karin Lundstrom
Indirect Sex Discrimination in the European Court of Justice's Version. Comments on Karin Lundstrom's article 161(8)
Lynn Roseberry
A Blessing or a Ban? About the Discrimination of Pregnant Job-Seekers 169(36)
Jenny Julen
Pregnancy Discrimination in EU Law. Comments on Jenny Julen's article 205(12)
Clare McGlynn
On Equal Treatment, Positive Action and the Significance of a Person's Sex 217(34)
Ann Numhauser-Henning
On Equal Treatment, Positive Action and the Significance of a Person's Sex. Comments on Ann Numhauser-Henning's article 251(10)
Erika Szyszczak
III. Equal Treatment and the Future of Labour Law
The Right to Direct and Allocate Work - From Employer Prerogatives to Objective Grounds 261(28)
Mia Ronnmar
The Right to Direct and Allocate Work - From Employer Prerogatives to Objective Grounds. Comments on Mia Ronnmar's article 289(8)
Ruth Nielsen
Equal Treatment of Employees and Self-Employed Workers 297(20)
Samuel Engblom
Equal Treatment of Employees and Self-Employed Workers. Comments on Samuel Engblom's article 317(6)
Simon Deakin
Discrimination of People with Disabilities. Normative Aspects of Disability and Work in a Swedish, English and EC Context 323(28)
Andreas Inghammar
Disability Discrimination at Work. Comments on Andreas Inghammar's article 351(10)
Alan C. Neal
Cases (European Court of Justice) 361(6)
Bibliographical data on contributing authors 367(4)
Index 371
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