Academic literature on the topic 'Race discrimination – Law and legislation – European Union countries'
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Journal articles on the topic "Race discrimination – Law and legislation – European Union countries"
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Phelan, Mary. "Medical Interpreting and the Law in the European Union." European Journal of Health Law 19, no. 4 (2012): 333–53. http://dx.doi.org/10.1163/157180912x650681.
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Abstract In 2011, the Danish government announced that from June that year it would no longer cover the costs of medical interpreters for patients who had been living in Denmark for more than seven years. The Dutch Ministry of Health followed with an even more draconian approach; from 1 January 2012, the cost of translation and interpreting would no longer be covered by the state. These two announcements led to widespread concern about whether or not there is a legal foundation for interpreter provision in healthcare. This article considers United Nations treaties, conventions from the Council of Europe and European Union law. European Union member states have been slow to sign up to international agreements to protect the rights of migrant workers. The European Union itself has only recently moved into the area of discrimination and it is unclear if the Race Directive covers language. As a result, access to interpreters in healthcare, where it exists, is dependent on national anti-discrimination legislation or on positive action taken at national or local level rather than on European or international law.
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Timofeyeva, Liliya. "EUROPEAN INTEGRATION CHALLENGES IN THE CRIMINAL LAW POLICY OF UKRAINE IN WAR REGIME." European Historical Studies, no. 21 (2022): 18–27. http://dx.doi.org/10.17721/2524-048x.2022.21.2.
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Ukraine’s European integration direction has led to a set of significant changes in legislation and practice. Obviously, this is a high price, but the war has brought Ukraine closer to joining the European Union than ever before. On February 28, 2022, President Volodymyr Zelensky signed an application for Ukraine’s membership in the European Union. On April 8, 2022, during a visit to Kyiv by the President of the European Commission Ursula von der Leyen, a questionnaire was personally handed over to the Ukrainian side to obtain Ukraine’s candidate status for membership in the European Union. The war in Ukraine showed the effectiveness of European values. It showed their importance not only in the documents, but in concrete steps towards Ukraine’s meeting with European countries, in particular in sanctions against the Russian Federation, its oligarchs, diplomats and high-ranking officials. At the same time, harmonization with the legislation of the European Union still requires comprehensive changes in the legislation of Ukraine, in particular criminal legislation. Moreover, necessity of movement to European values and principles has been identified. Each state is sovereign and unique in the peculiarities of its legal regulation. However European countries are united with the values. The Association Agreement highlights in particular the following values: respect for the rule of law, human rights and fundamental freedoms, non-discrimination, and respect for diversity. The last but not the least, it should be noted that Ukraine has already taken some steps towards such an approximation, but there are still many unresolved issues, including methodological. The draft of the new criminal legislation of Ukraine, which is being developed by the Working Group from 2019, should take into account the peculiarities of European law, but also preserve national peculiarities. European sanctions are not so fast, but over time they will prove effective as a response to war crimes by another state.
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Barnard, Catherine, Claire Kilpatrick, and Simon Deakin. "Equality, Non-Discrimination and the Labour Market in the UK." International Journal of Comparative Labour Law and Industrial Relations 18, Issue 2 (June 1, 2002): 129–47. http://dx.doi.org/10.54648/5086491.
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English law lacks a general principle of equality of the kind found in constitutional texts in some other European countries. Legislation embodies a principle of non-discrimination in employment on grounds of sex, race and disability. This body of law stresses formal rather than substantive equality, and defines discrimination in terms of the asymmetrical treatment of individuals rather than by reference to the structural sources of group disadvantage. These conceptual weaknesses are part of the explanation for the relatively limited impact of the legislation on the UK labour market, which continues to be characterized by occupational segregation and persistent pay inequality.
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Kádár, Tamás. "Equality bodies." International Journal of Discrimination and the Law 18, no. 2-3 (June 2018): 144–62. http://dx.doi.org/10.1177/1358229118799231.
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The Treaty of Amsterdam and the subsequent adoption in 2000 of the so-called Race Directive was a genuine paradigm shift in European equal treatment legislation and practice. One of the major developments resulting from this Treaty change and new Directive was the introduction of a requirement for all European Union (EU) Member States to set up bodies for the promotion of equal treatment, first on the ground of race and ethnic origin, later extended to the ground of gender. This article analyses the emergence of these bodies – equality bodies – in EU Member States and candidate countries and the role they play in promoting equality and the implementation and monitoring of EU equal treatment legislation. It argues that equality bodies have a significant potential to contribute to more equal societies and they have proved to be effective agents of change. They do so, among others, by contributing to relevant case law in front of the Court of Justice of the EU leading to the further development and clarification of EU and national equal treatment legislation. The article also looks at the challenges experienced by equality bodies in different European countries as factors that influence and might limit their potential and contribution. To conclude, the article examines the necessary conditions for equality bodies to effectively contribute to the implementation of EU legislation and the achievement of substantive equality and it assesses whether current standards for equality bodies can guarantee these conditions.
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Savchuk, Sergiy. "Special aspects of legal regulation of fixed-term employment contracts of some European countries." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 286–90. http://dx.doi.org/10.36695/2219-5521.2.2020.54.
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The article is devoted to the study of foreign experience in legal regulation of fixed-term employment contracts. Fixed-termemployment contracts should be considered as one of the earliest and, accordingly, the oldest forms of non-standard employment. Tur -ning to the concept of the application of fixed-term employment contracts in Ukraine in the near future, it seems appropriate to consider the possibility of their further development through the prism of studying European experience. Indeed, in many European countriesthe fixed-term contracts are quite common and therefore analysis of both positive and negative examples of their legal regulation willbe useful for the future development of labour legislation in Ukraine.The article features an analysis of the relevant legislation of the United Kingdom, Estonia, Italy, Poland and France. It is concludedthat the membership of these states in the European Union has had a significant impact on the evolution of national labour le -gislation. This also applies to the United Kingdom, which had been part of this economic and political union for a long time.The transposition of EU legislation into national law by these countries predetermines the existence of common features betweenthem in the legal regulation of fixed-term employment contracts. This common features include: clear time limits of the employmentcontract, maximum allowable number of renewals enshrined in law, compliance with the principle of non-discrimination, etc.In turn, the implementation of fixed-term employment relationships in each country differs in its uniqueness, which is due to thedomestic tradition of their implementation. For example, in the United Kingdom, the dismissal of an employee due to the expiration ofthe employment contract is considered through the lens of fairness of the employer’s actions, while in Italy the number of fixed-termemployment contracts with a particular employer cannot exceed 30 %.The above circumstances should be taken into account by Ukraine when reforming labour legislation. Indeed, the need to implementCouncil Directive 1999/70/EC is clearly provided for in clauses 1139 and 1140 of the Action Plan for the implementation of theAssociation Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and theirmember states, on the other hand, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1106, of 25.10.2017.
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Novicic, Zaklina. "Freedom of movement for persons in the European Union Law." Medjunarodni problemi 55, no. 1 (2003): 57–88. http://dx.doi.org/10.2298/medjp0301057n.
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In this article the author analyses the evolution of complex corpus of legislation concerning the freedom of movement for persons in European Union Law. The article deals with the subject in two aspects: the first part of the analysis considers the conceptual development of free movement of persons by way of deliberation of building-up the authority of Union in that area, and the second part analyses the contents of the right of the Union citizens to move and reside freely within the territory of the Member State. The freedom of movement for people includes the right of Union citizens to enter, move and reside in another Member State and, in that context prohibition of any discrimination based on nationality. Conceived originally as primarily an economic phenomenon, the free movement of persons was closely linked to the pursuit of an occupation. It was the mobility of human resources as a factor of production, which inspired the chapters of the Treaty establishing the European Economic Community (1957) relating to the free movement of workers, freedom of establishment and the freedom to provide services. In that sense, freedom of movement is a part of a wider concept, that of the common/internal market. Since then, through the combined effect of secondary legislation and the case law of the Court of Justice, the concept has been broadened and it tends, from the Maastricht Treaty (1992), to form one of the fundamental and individual rights of Union citizens generally. Also, the amendments of EEC Treaty, which were made by the Single European Act (1985) and specially by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001), have formalised the external aspect of freedom of movement. Namely, it was recognised that freedom of movement for persons could not take place at the expense of security, protection against crime and illegal immigration. The abolition of internal controls has generated the need of the transferring checks to the external frontiers of the Union and, in this connection, the gradual establishment of an area of freedom, security and justice. In the first part of the article the author presents and analyses the development of the Union power in the policies of freedom of movement: in facilitating of free movement of people as a principle of the common/internal/single market, in achievement of the right to free movement for Union citizens, and also in the fields related to the external aspect of freedom of movement, or, actually, the issues pertaining to visas, asylum and immigration. The second part presents the specific contents of freedom of movement for persons that consists of the corpus of individual rights enjoyed by Union citizens on the territories of EU Member States that are not countries of their origin. These are the right to entry and residence and the right to engagement in gainful activity as well as the related social rights. This part of the article also explores the freedom of movement restriction regime as well as the corresponding Union legislation in preparation.
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Mosakova, E. A., and K. Kizilova. "Labor market in the UK in digital era: The gender dimension." RUDN Journal of Sociology 21, no. 3 (September 17, 2021): 512–19. http://dx.doi.org/10.22363/2313-2272-2021-21-3-512-519.
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The article considers gender discrimination in the field of labor relations in the United Kingdom (UK) in the pre-covid period. In the past decades, the Western European countries have made the most significant progress in achieving gender equality in various fields, including labor relations, and became the world leader in this area. However, despite all the efforts of the international community, no country has achieved a full gender equality, and Great Britain is no exception. The authors argue that the British anti-discrimination legislation (before leaving the European Union) was based on international acts and conventions. For a long time, there were acts and laws prohibiting discrimination in the labor market, which seriously hindered the implementation of an effective anti-discrimination policy in the sphere of labor relations. It was not until 2010 that the law on equality was passed to replace all previous laws and regulations and to provide an exhaustive list of criteria for prohibiting discrimination. As a result, Great Britain began to develop a rather strict national anti-discrimination legislation in the field of labor relations. Thus, in the past decades, the UK has been achieving gender equality in the economic sphere at a faster pace than the average European Union country. The study shows a steady decline in the gender wage gap in the UK over the past two decades, which may be considered one of the countrys most significant achievements in fighting gender discrimination in the labor market. However, there is still a number of serious challenges: a relatively low female labor force participation and employment rate, a gender wage gap and income gap, horizontal and vertical segregation, a gender gap in postgraduate education, and a significant gender gap in time spent on family responsibilities. Age discrimination presents a special problem in the sphere of labor relations in Great Britain. In the European Union, the first laws prohibiting age discrimination were adopted only in the 2000s, and in the UK - in 2006. This problem still remains extremely acute for the labor market, since age discrimination in the UK ranks third among the most common grounds for discrimination - after gender and disability.
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Bennett, Michael, Sharon Roberts, and Howard Davis. "The Way Forward — Positive Discrimination or Positive Action?" International Journal of Discrimination and the Law 6, no. 3 (March 2005): 223–49. http://dx.doi.org/10.1177/135822910500600303.
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The focus of this article is an evaluation of the Race Relations (Amendment) Act 2000, which imposes duties on public authorities, and the Sex Discrimination (Election Candidates) Act 2002, which gives opportunities to political parties over the selection of candidates. Both of these Acts help to move anti-discrimination law in the United Kingdom away from a concentration on remedies for inconsistent treatment towards the acceptance of the need for positive measures aimed at both protecting and also advancing the position of an under-represented group. The article suggests that the positive measures these Acts exemplify may lead to conflict with the background principle that individuals should be treated with equal concern and respect. The article suggests that this principle underlies the limits to positive action in employment schemes under European Union law (the article includes a consideration of whether such limits apply to election candidacy); it goes on to consider the principle in respect of the limits to positive action authorised by these two Acts that may follow from the Human Rights Act 1998. The article concludes by considering whether the new legislation provides acceptable models for the future.
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Talapina, Elvira V. "Gender equality in the context of digitalization: the european legal experience." Gosudarstvo i pravo, no. 5 (2022): 115. http://dx.doi.org/10.31857/s102694520016449-4.
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The principle of gender equality is closely linked to the right to non-discrimination, which has come into national legislations from international law. The evolution of the principle of equality from formal to substantive has been influenced by the Anglo-Saxon approach to European Union law, which focuses on equal treatment. In general, a fairly uniform model of anti-discrimination legislation has emerged worldwide. The digitalization process has brought with it new threats, and a number of countries have already identified a gender gap in access to technology. However, the greatest risks are posed by digital gender discrimination - direct or indirect discriminatory actions that are based on automatic decisions made by algorithms. Such decision-making cannot be described as technology-neutral, as the algorithm may reflect the prejudices of programmers. The discriminatory decisions made by algorithms will be consistent and systematic, which is much more dangerous than individual human decisions. The causes of digital discrimination lie in modelling and making predictive recommendations based on discriminatory data, and in training algorithms based on discriminatory data. To overcome this complex problem - from the legal point of view - it is necessary to enforce the rule of transparency of algorithms as well as the decisions they make. It is necessary to conduct an audit of the algorithms - a special evaluation of the algorithm for potential violations of human rights. Also, the possibility and procedure of using artificial intelligence for decision-making must be regulated by laws. Some artificial intelligence systems should be banned outright, while others should be strictly controlled. The Proposal for a European regulation on artificial intelligence amply demonstrates this.
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Zavhorodnia, V. M. "The origin and development of the European Union sports policy and law." SUMY HISTORICAL AND ARCHIVAL JOURNAL, no. 39 (2022): 50–58. http://dx.doi.org/10.21272/shaj.2022.i39.p.50.
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The presented work is devoted to highlighting the processes of evolution of the EU sports law and policy, identifying facts and events that have contributed to the development of communitarian regulation in this area and establishing trends and directions significant for Ukraine in the European integration aspect. Integration processes, first purely economic and then increasingly multidirectional, could not but affect this vital sphere of social life on the European continent and internationally. Sport is an essential element of the self-realization of a human personality and a sphere of economic activity. It is also a form of international communication, cross-cultural communication, the assertion of authority, and a positive image of countries. Also, sports can be an instrument of political and diplomatic influence or even a means of responding to violations of international law and order. The evolution of EU sports policy and law has been a difficult and long way in the general context of European integration processes. Initially, the sport was not covered by Community law and the spheres of competence of the Communities. However, since the 60s of the last century, the foundations of the European sports model began to form. Implementing the Council of Europe’s standards in the Member States’ practice was essential in forming this model. The European sports model implies, on the one hand, the unity of values and sports traditions of Europe. On the other hand, it is based on considering the national characteristics of European countries, pluralism, and diversity of the organization of sports relations and activities of non-governmental sports organizations. To the main features of the European sports model, which have developed historically and are preserved to this day, the author refers voluntary participation in sports competitions, non-discrimination, democracy, solidarity, compliance with the rules of “fair play,” good governance, and prevention of corruption and abuse. The article characterizes the role of the Court of Justice of the European Union (CJEU) in the creation of the EU acquis in the field of sport. CJEU developed the legal criteria system for extending communitarian rules and principles to the economic aspects of sports activities, including regulating relations with non-state actors such as national Olympic committees, sports federations, etc. Relevant CJEU decisions are analyzed in the study, approaches to the application of EU competition rules in sports, as well as to labor relations, freedom of movement of workers, and the provision of services, are revealed. Further integration and reform of the EU under the provisions of the Lisbon Treaty led to the emergence of a sector of the EU policy in the field of sports and several regulations and organizational measures aimed at realization of this policy. Implementation of the relevant standards in the national legislation, introduction of the best practices of governance in the field of sports in the state policy and activities of non-governmental sports organizations are important components of the implementation of Ukraine’s European integration aspirations, fulfillment of obligations under the Association Agreement and prospectively – the criteria for the EU membership.
Dissertations / Theses on the topic "Race discrimination – Law and legislation – European Union countries"
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D'ANDREA, Sabrina. "Fluctuating conceptions of gender equality in EU law : a conceptual, legal and political analysis of EU policy, law and case law concerning work and care (1980-2020)." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/70998.
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Defence date: 27 April 2021Examining Board: Professor Claire Kilpatrick (European University Institute); Professor Ruth Rubio Marín (Universidad de Sevilla); Professor Sophie Robin-Olivie (Paris 1 Panthéon-Sorbonne); Professor Annick Masselot (University of Canterbury)
Gender equality is a complex and debated concept; feminist scholarship and legal philosophy still struggle to define this notion. The EU context is no exception, as within the European project and literature, conceptions of gender equality have fluctuated. Existing literature has only given limited accounts of the different meanings of gender equality and has failed to identify the variables and reasons for this fluctuation in EU policy and case-law. In order to fill this gap, the present thesis takes onboard the challenge to uncover how the meaning of gender equality has shifted in the EU, across time, policy field and institutions. It starts by developing a theoretical frame which distinguishes between the possible aims of gender equality policy and the legal strategies employed by gender equality policy. It then applies this frame to four decades of EU policy regarding work and care, from 1980 to 2020, and questions to which extent these different gender equality conceptions and strategies have served the aim of women’s emancipation, assessing their effect on the gendered division of care and on the provision of social protection. The thesis shows that the main variable of fluctuation of gender equality conceptions has been the policy issue at stake: while the EU has employed formal equality in certain areas of law, it has been more prone to allow for substantive strategies for equality in others, depending on political priorities and opportunities. The conclusion explains these findings and reflects on the political conveniences of gender equality conceptions. It makes a theoretical, political and normative contribution to existing literature and debates concerning gender equality in the EU and gives directions for future gender equality policy.
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BELL, Mark. "EU anti-discrimination law : the cases of race and sexual orientation." Doctoral thesis, 2000. http://hdl.handle.net/1814/4559.
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Defence date: 14 January 2000Examining board: Colin Crouch, EUI (co-supervisor) ; Gráinne de Búrca, EUI ; Barry Fitzpatrick, University of Ulster ; Elspeth Guild, University of Nijmegen ; Silvana Sciarra, EUI (supervisor)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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HERMANIN, Costanza. "Europeanization through judicial enforcement? : the case of race equality policy." Doctoral thesis, 2012. http://hdl.handle.net/1814/22689.
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Defence date: 23 May 2012Examining Board: Professor Adrienne Heritier (EUI/RSCAS) (Supervisor); Professor Lisa Conant (Univ. Denver); Professor Bruno De Witte (formely EUI/Univ. Maastricht); Professor Daniel Sabbagh (CERI, Sciences Po, Paris).
First made available online on 7 November 2019
Ten years after its enthusiastic adoption in 2000, the Race Equality Directive (RED) - a deeply innovative and indeed overall far-reaching piece of equal treatment legislation – seems to be still little enforced at the level of European courts. Why? Neither a sudden retrenchment of race discrimination in Europe, nor the inaptitude of the policy to generate European Union (EU)-law litigation, can easily explain the scarce signs of the extensive judicial enforcement that characterise other EU equal treatment policies, such as those on EU-nationality, gender and age. This study zooms in on the realm of domestic politics and judicial enforcement to inquire into cross-sectional and cross-national variations in the implementation of EU equal treatment policy. To do so, I rely upon analytical tools developed by three branches of EU studies scholarship — Europeanization, compliance and judicial politics literature — and I apply them to the yet unexplored domain of race equality policy. Tracing the process of transposition, in the first place, and analysing case law databases and expert interviews with legal practitioners, in the second place, I inquire into compliance and judicial enforcement in three EU countries: France, Germany and Italy. The findings of this comparative study confirm a very limited judicial enforcement of the RED, especially as domestic patterns of adversarial litigation in the domain of race equality are concerned. I explain this divergence looking at the ‗containment‘ action that domestic policymakers may exert on directives at the moment of transposition. In the case of the RED, this action crucially impinged on aspects likely to determine enforcement dynamics, such as those elements of the process regulating access to judicial redress. This work shows that in the case of a policy measure such as the RED, focused on individual judicial redress and mainly targeted towards disadvantaged end-users, the harmonization of some process elements is crucial to determining converging implementation dynamics. If Europeanization is contained at the moment of transposition, judicial enforcement can be seriously hindered at the national as well as the supranational levels even in presence of domestic legal mobilization. In addition to that, the thesis shows how limited raceconsciousness is to be found in contemporary European jurisprudence as well as in the claims filed by antidiscrimination law applicants.
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MCHUGH, Claire. "Positive action and race discrimination : new challenges for the European Court of Justice." Doctoral thesis, 2005. http://hdl.handle.net/1814/5470.
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BLOM, J. A. H. "Indirect discrimination in EC law : and its application in Member States." Doctoral thesis, 1992. http://hdl.handle.net/1814/5485.
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BOEGER, Nina. "Re-visiting services of general interest : what model for the Union?" Doctoral thesis, 2004. http://hdl.handle.net/1814/5484.
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PAGER, Sean A. "Strictness vs. discretion : the European Court of Justice's dual vision of gender equality." Doctoral thesis, 2002. http://hdl.handle.net/1814/5656.
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CASQUEIRA, CARDOSO Joao. "Conceptions et politiques des mesures d'action positive." Doctoral thesis, 1997. http://hdl.handle.net/1814/4592.
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Defence date: 19 November 1997Examining board: Maria Vittoria Ballestrero (Università di Genova) ; Prof. Yota Kravaritou (IUE, Directrice de thèse) ; Prof. Antoine Lyon-Caen (Université de Paris X-Nanterre, Co-Directeur de thèse) ; Prof. Éliane Vogel-Polsky (Université Libre de Bruxelles)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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RUINAARD, Eveline C. "The reconciliation of family and work responsibilities : a legal approach." Doctoral thesis, 1992. http://hdl.handle.net/1814/5447.
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MONTEJO, PUIG DE LA BELLACASA Blanca. "Free movement of workers and supplementary pension schemes : the reform of the welfare and its adaption to the European Community framework." Doctoral thesis, 1999. http://hdl.handle.net/1814/5465.
Full textBooks on the topic "Race discrimination – Law and legislation – European Union countries"
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Howard, Erica. The EU race directive: Developing the protection against racial discrimination within the EU. Milton Park, Abingdon, Oxon, England: Routledge, 2009.
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The implications of the Racial equality directive for minority protection within the European Union. The Hague: Eleven International Pub., 2011.
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Anti-discrimination law and the European Union. Oxford: Oxford University Press, 2002.
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K, Hervey Tamara, O'Keeffe David, University College, London. Centre for the Law of the European Union., and Europäische Rechtsakademie Trier, eds. Sex equality law in the European Union. Chichester: Wiley, 1996.
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Racism and equality in the European Union. Oxford [UK]: Oxford University Press, 2008.
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Dagmar, Schiek, and Chege Victoria, eds. European Union non-discrimination law: Comparative perspectives on multidimensional equality law. Milton Park, Abingdon, Oxon: Routledge, 2008.
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Wrench, John. Preventing racism at the workplace: A report on 16 European countries. Loughlinstown, Dublin, Ireland: European Foundation for the Improvement of Living and Working Conditions, 1996.
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Engineering equality: An essay on European anti-discrimination law. Oxford: Oxford University Press, 2011.
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European Union non-discrimination law and intersectionality: Investigating the triangle of racial, gender and disability discrimination. Burlington, VT: Ashgate Pub., 2011.
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Ian, Forbes. Measure for measure: A comparative analysis of measures to combatracial discrimination in the member countries of the European Community. Sheffield: Research Management Branch, Employment Department, 1992.
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