EU Equality Law: The First Fundamental Rights Policy of the EU
EU Equality Law: The First Fundamental Rights Policy of the EU
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Abstract
In the early days, a choice was made not to entrust the EU with competences allowing it to protect against violations of fundamental rights per se. This task was placed in the hands of the Council of Europe. Although this choice has not been called into question, the EU has developed a broad range of instruments to respond to the impact of its activities on fundamental rights and a mechanism for surveillance of compliance with the rule of law. One trend that has been subject to little attention, and to which this book is devoted, is the exercise by the EU of a new generation of competences that allow for the development of tools explicitly designed to flesh out as well as to promote selected fundamental rights. The exercise of such competences, of which EU equality law as it has blossomed since the late 1990s is the most ancient example and therefore the central case study, triggers a number of constitutional questions. The sophisticated and powerful infrastructure of the EU legal order is thereby used to promote a given conception of a fundamental right, to define how it relates to others, and also to elaborate mechanisms for these approaches to permeate domestic legal cultures. This monograph explores the implications of this very symbolic and equally sensitive form of law-making. Particular attention is devoted to the complex relationship between primary and secondary law as well as to the importance of stimulating reflection on fundamental rights within the domestic sphere.
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Front Matter
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1
Introduction
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2
Checks and Balances in the Process of Fundamental Rights Law-Making in the EU
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3
EU Equality Law at a Constitutional Crossroads
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4
Distinguishing Legislation giving Expression to Fundamental Rights: Lessons from EU Equality Law
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5
The Legislative Embedding of the Governance of EU Equality Law
- 6 Conclusion
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End Matter
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