
Contents
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I The Normative Structure I The Normative Structure
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THE DIRECTIVES THE DIRECTIVES
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II The Constitutionalization of Article 141 II The Constitutionalization of Article 141
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DEFRENNE II: THE DIRECT EFFECT OF ARTICLE 141 DEFRENNE II: THE DIRECT EFFECT OF ARTICLE 141
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THE MEANING OF PAY THE MEANING OF PAY
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EQUAL PAY FOR EQUAL VALUE EQUAL PAY FOR EQUAL VALUE
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Commission vs. the UK: work of equal value Commission vs. the UK: work of equal value
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INDIRECT DISCRIMINATION INDIRECT DISCRIMINATION
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Bilka: occupational social security Bilka: occupational social security
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Rinner-Kühn: social policy and the workplace Rinner-Kühn: social policy and the workplace
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Summary and assessment Summary and assessment
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III Judicialization: The Court and the Legislator III Judicialization: The Court and the Legislator
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INDIRECT DISCRIMINATION AND BURDEN OF PROOF INDIRECT DISCRIMINATION AND BURDEN OF PROOF
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Indirect discrimination and the national courts Indirect discrimination and the national courts
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OCCUPATIONAL PENSIONS OCCUPATIONAL PENSIONS
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Barber: occupational pensions Barber: occupational pensions
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PREGNANCY PREGNANCY
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Dekker and Hertz: maternity rights Dekker and Hertz: maternity rights
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Remedies, equal treatment, and maternity Remedies, equal treatment, and maternity
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IV Adjudicating Sex Equality Law IV Adjudicating Sex Equality Law
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PRECEDENT AND PATH DEPENDENCE PRECEDENT AND PATH DEPENDENCE
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V Conclusion V Conclusion
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Cite
Abstract
The evolution is charted, through adjudication, of the rules governing sex equality in European Community (EC) law. The first section, ‘The Normative Structure’, provides an overview of the Treaty of Rome rules and secondary legislation that constitute the domain of sex equality, while the second examines how Art. 141 (which provides that male and female workers shall receive equal pay for equal work) evolved once it had been constitutionalized by the European Court of Justice. Section III, ‘Judicialization: The Court and the Legislator’, focuses on the relationship between the Court, its case law on sex equality, and the production of directives by the EC legislator; the impact is also briefly discussed of the Court's rulemaking on national judicial and legislative processes; topics included are indirect discrimination, occupational pensions, pregnancy and maternity rights. In the fourth section, ‘Adjudicating Sex Equality Law’, an analysis is made of the aggregate data on litigation and adjudication in the field, focusing on how precedent‐based lawmaking has organized the development of this area. The conclusion addresses a range of theoretical issues.
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