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.
Full textExamining 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.
BELL, Mark. "EU anti-discrimination law : the cases of race and sexual orientation." Doctoral thesis, 2000. http://hdl.handle.net/1814/4559.
Full textExamining 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
HERMANIN, Costanza. "Europeanization through judicial enforcement? : the case of race equality policy." Doctoral thesis, 2012. http://hdl.handle.net/1814/22689.
Full textExamining 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.
MCHUGH, Claire. "Positive action and race discrimination : new challenges for the European Court of Justice." Doctoral thesis, 2005. http://hdl.handle.net/1814/5470.
Full textBLOM, J. A. H. "Indirect discrimination in EC law : and its application in Member States." Doctoral thesis, 1992. http://hdl.handle.net/1814/5485.
Full textBOEGER, Nina. "Re-visiting services of general interest : what model for the Union?" Doctoral thesis, 2004. http://hdl.handle.net/1814/5484.
Full textPAGER, 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.
Full textCASQUEIRA, CARDOSO Joao. "Conceptions et politiques des mesures d'action positive." Doctoral thesis, 1997. http://hdl.handle.net/1814/4592.
Full textExamining 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
RUINAARD, Eveline C. "The reconciliation of family and work responsibilities : a legal approach." Doctoral thesis, 1992. http://hdl.handle.net/1814/5447.
Full textMONTEJO, 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 textJAVAID, Fouzia. "NGOs and the EU policy process : the impact of the starting line group on EU anti racism policy." Doctoral thesis, 2000. http://hdl.handle.net/1814/5526.
Full textDAUCK, Kirsten. "The Community Charter of the fundamental social rights for workers : what was it good for?" Doctoral thesis, 1996. http://hdl.handle.net/1814/5571.
Full textNADAL, Sophie. "Le dialogue social communautaire : Reflexions critiques." Doctoral thesis, 1990. http://hdl.handle.net/1814/5594.
Full textSCOTT, Joanne. "An analysis of the interpretative approach of the U K courts and the European Court of Justice in relation to legal provisions guaranteeing equal pay for equal work for men and women." Doctoral thesis, 1988. http://hdl.handle.net/1814/5622.
Full textSCHMIDT, Claudia. "Der Wandel des allgemeinen Diskriminierungsverbots vom Marktbürger-zum Unionsbürgerrecht : Zugleich ein Beitrag zur Auslegung von Art. 12 S. 1 EG." Doctoral thesis, 2003. http://hdl.handle.net/1814/5669.
Full textZYSK, Malgorzata. "Legal responses to the problem of age discrimination in the European Union : does the law fit its purpose?" Doctoral thesis, 2006. http://hdl.handle.net/1814/4831.
Full textExamining Board: Prof. Silvana Sciarra (Supervisor, European University Institute) ; Prof. Bruno De Witte (European University Institute) ; Prof. Christopher McCrudden (university of Oxford) ; Prof. Michal Seweryński (University of Łódź)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
KILPATRICK, Claire. "The circulation, use and conceptualization of European sex equality norms : a comparative analysis." Doctoral thesis, 1997. http://hdl.handle.net/1814/4673.
Full textExamining board: Prof. Brian Bercusson, University of Manchester (co-supervisor) ; Prof. Bob Hepple, University of Cambridge ; Prof. Antoine Lyon-Caen, University of Paris X Nanterre ; Prof. Silvana Sciarra, European University Institute (supervisor) ; Prof. Spiros Simitis, University of Frankfurt
KAS, Betül. "'Hybrid' collective remedies in the EU social legal order." Doctoral thesis, 2017. http://hdl.handle.net/1814/46964.
Full textExamining Board: Prof. Hans-W. Micklitz, EUI (Supervisor) Prof. Marise Cremona, EUI Prof. Laurence Gormley, University of Groningen Prof. Fernanda Nicola, Washington College of Law, American University
The aim of this thesis is to illustrate, on the basis of a socio-legal study presented in three qualitative case studies, the role of hybrid collective remedies in enforcing European socially oriented regulation, in particular environmental law, anti-discrimination law and consumer law, for the creation of a European social legal order, which is able to gradually counter its perceived internal market bias. The hybrid collective remedies at stake in the three case studies – each case study constituted by a preliminary reference to the CJEU – are symptomatic of the three legal-political fields at stake. With the EU taking a leading role in the three fields for the purpose of complementing the creation of an internal market, the EU has decoupled the fields from their national social welfare origin and re-established a policy which is not so much based on ensuring social justice, but more based on procedural mechanisms to ensure access justice. Likewise, the EU left the creation of collective remedies fostering a genuine protective purpose to the Member States. The national and European models of justice underlying the three legal-political fields and their remedies are of a complementary, i.e., of a hybrid nature, and are moving towards the creation of an integrated European social order. The creation of the European social order via national actors using the preliminary reference procedure to implement the three policies at stake goes hand in hand with the creation of a European society.
CROON, Johanna. "Reconceptualizing European equality law : a comparative institutional analysis." Doctoral thesis, 2013. http://hdl.handle.net/1814/28033.
Full textExamining Board: Professor Miguel Maduro, European University Institute (Supervisor) Professor Mattias Kumm, European University Institute Professor Neil Komesar, University of Wisconsin Professor Christoph Möllers, Humboldt Universität, Berlin.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The thesis seeks to widen our understanding of the general principle of equality within European Union law. In its approach it is theoretically ambitious yet grounded in case law analysis. After an introduction into the origins of the notion of equality, the thesis sets out to deconstruct the adjudication by the European Court of Justice as well as by selected Member State courts on some of the most pressing issues of European equality law via the means of comparative institutional analysis. More specifically, it examines the diversity of applied standards of testing by the European Court of Justice, its handling of reverse discrimination and its dealing with affirmative action. Moreover, it looks at the Austrian and German case law on reverse discrimination. Through this exercise, the thesis illustrates that the judges are in their decisions both guided by reaching a 'fair' outcome to the cases and by reflections on their ability to rule on egalitarian issues. The work describes in detail how institutional considerations inform judicial decisions in matters of equality. Building on the finding that institutional thinking influences judicial decision making, the thesis continues to ask whether this practice is desirable. Its concluding chapter argues for an adaptation of the existing equality doctrine in European Union law in order to provide judges, practitioners and academics with tools to merge institutional considerations along with legalist interpretation of equality guarantees in an open and comprehensible manner.
SOHRAB, Julia Adiba. "Sexing the benefit : women social security and financial independence in EC equality law." Doctoral thesis, 1994. http://hdl.handle.net/1814/4791.
Full textGUERRERO, Marion. "Lawyering for LGBT rights in Europe : the emancipatory potential of strategic litigation at the CJEU and the ECtHR." Doctoral thesis, 2018. http://hdl.handle.net/1814/60246.
Full textExamining Board: Professor Claire Kilpatrick, EUI (EUI Supervisor); Professor Ruth Rubio, EUI; Professor Kees Waaldijk, Leiden University; Professor Iyiola Solanke, University of Leeds
In Europe, the decisions of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) develop influence that transcends the particular case at hand. While this development has been criticised by progressive scholars, this thesis argues that it also enables civil society to participate in judicial decision making processes. In the context of Lesbian, Gay, Bi and Transgender (LGBT) rights, this thesis investigates whether "strategic litigation" before the European High Courts can be a feasible and emancipatory endeavor. The concept of "strategic litigation" - developing long-term litigation strategies in order to induce legal, social and/or political reform - is based on the recognition that adjudication is, to a large extent, a political process. To this end, strategic litigation as a (political) strategy is introduced and positioned within legal theory and the literature on "cause lawyering." Within Europe, this thesis focuses on the ECtHR and the CJEU as potential fora for strategic litigation. In order to assess their case law from an activist point of view, a "strategic litigation opportunities" framework is designed. This framework both illuminates indicators for activist intervention, and highlights the agency of LGBT rights advocates in litigation. By doing so, it challenges the view of adjudication as a purely “top-down” process. Lastly, a case study on the US LGBT rights movement, and the effective strategic litigation on (same-sex) marriage equality it has engaged in, serves as an example for the successful application of a long-term cause lawyering approach. Ultimately, this thesis will conclude that strategic LGBT rights litigation at the European High Courts can, indeed, be a feasible and emancipatory endeavour, by establishing: 1) European High Courts exert quasi-legislative power. 2) European High Courts provide procedural spaces for activist LGBT rights lawyers. 3) The European High Courts’ case law can be analysed and utilised in a progressive LGBT-rights enhancing way.
One Chapter of the PhD thesis draws upon an earlier version published as an article 'Jenseits der Kernfamilie 'funktionale Elternschaft', eine progressive Alternative aus den USA' (2010) in the journal ‘Juridikum
One chapter of the PhD thesis draws upon an earlier version published as chapter 'Activating the courtroom for same-sex family rights : windows of opportunity for strategic litigation before the European Court of human rights (ECtHR)' (2014) in the book ‘Rights on the move : rainbow families in Europe : proceedings of the conference : Trento, 16-17 October 2014’
VIELLE, Pascale. "Le cout indirect des responsabilités familiales : sa reconnaissance en droit compare, européen et international de la sécurite sociale dans la perspective de l'égalite des chances entre femmes et hommes." Doctoral thesis, 1997. http://hdl.handle.net/1814/4813.
Full textExamining board: Prof. Silvana Sciarra (Directrice de thèse), Institut Universitaire Européen ; Prof. Jean Jacqmain (Co-directeur de thèse), Université Libre de Bruxelles ; Prof. Colin Crouch, Institut Universitaire Européen ; Prof. Alain Supiot, Université de Nantes
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
WADDINGTON, Lisa. "More disabled than others : the employment of disabled people within the European Community an analysis of existing measures and proposals for the development of an EC policy." Doctoral thesis, 1993. http://hdl.handle.net/1814/4820.
Full textExamining Board: Prof. Erian Bercusson, European University Institute (supervisor) ; Dr. Lammy Betten, Rijksuniversiteit Utrecht ; Prof. Ad Geers, Rijksuniversiteit Limburg ; Prof. Yota Kravaritou-Manitakis, European University Institute ; Dr. Christopher McCrudden, Lincoln College, Oxford
First made available online on 26 January 2017.
To be a disabled citizen of the European Community at the present time means to be disadvantaged. Naturally the degree of that disadvantage varies between individuals, even between individuals with similar impairments, but its discriminatory nature does not. The disadvantage stems primarily from the institutionalised forms of discrimination which people with impairments are forced to confront every day of their lives. These involve physical (architectural) barriers, assumptions of inferiority, inflexible structures and organisations, and the very conception of "normality”. This discrimination touches every aspect of life - education, relationships, social activities, housing and employment, and marginalises some ten per cent of the Community’s population, i.e. no less than 33 million people. Up until now the adoption and implementation of measures to improve the quality of life available to disabled people and to promote their integration has been regarded as largely the prerogative of Member States. This approach can no longer be regarded as satisfactory in a period when the Community is increasingly coming to exert an influence over many of the areas which directly affect or influence the life of its disabled citizens: the establishment of the internal market, harmonisation of standards and goods, free movement of persons, vocational training and the mutual recognition of diplomas to mention but a few. It is the argument of this thesis that Community intervention, which respects the principle of subsidiarity, is now called for in certain fields of disability policy. The most obvious area for such intervention, given the primarily economic nature of the original EEC Treaty and much of the subsequent Community legislation, is the employment of disabled people - although it must be recognised that the desired economic integration cannot occur without complementary measures to promote social integration. The focus of this thesis shall therefore be the need, scope and possible content of a European Community policy to promote the employment of people with disabilities.