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Vol 22 No 2 Feb/March 2017

Book of the Month

Cover of Spencer Bower: Reliance-Based Estoppel

Spencer Bower: Reliance-Based Estoppel

Price: £215.00

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Reconceptualising European Equality Law: A Comparative Institutional Analysis


ISBN13: 9781509909667
Published: December 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £55.00



Low stock.

Also available as
£45.82
+ £9.17 VAT

This important new book seeks to widen the understanding of the principle of equality within European law. Firstly, it deconstructs the European Court of Justice's adjudication of cases in the field. It then explores how the Member States' courts decide on the question of equality.

This detailed rigorous research allows the author to argue for a reconceptualised equality doctrine. Such an adaptation, the author argues, will provide judges, practitioners and academics with the tools to balance institutional considerations against legalist interpretation.

Theoretically ambitious, while grounded in practical application, this is a significant restatement of one of the key principles of European law: the equality doctrine.

Subjects:
Discrimination Law, EU Law
Contents:
1. Introduction
I. Equality: A Fundamental Principle Based on not so Stable Fundaments
II. The Need for Reconceptualising Equality Law or the Rationalist Human Rights Paradigm
III. EU Law as the Laboratory of Constitutional Theory
IV. The Institutional Choice Approach to EU Equality Law

2. The Notion of Equality
I. Why Equality?
II. What Kind of Equality?
III. The Relationship of Equality and Non-discrimination

3. Equality Testing: Different Kinds of Scrutiny
I. Three Standards of Scrutiny
II. Traditional Interpretive Explanation
III. Changing Perspectives: A Comparative Institutional Explanation
IV. Conclusion

4. Differential Treatment of EU Citizens
I. Non-discrimination on Grounds of Nationality: A Leitmotiv of the TFEU
II. Article 18(1) TFEU: A Relative Right to Equal Treatment
III. Challenges to the Equal Treatment of EU Citizens
IV. Equal Treatment of EU Citizens: An Institutional Choice Reconstruction
V. Conclusion

5. Reverse Discrimination
I. Reverse Discrimination: Its Definition, Egalitarian Tune and Relevance
II. The European Court of Justice's Handling of Reverse Discrimination
III. The Fundamental Boundaries Concern-or Institutional Choice in the Supranational Context

6. Affirmative Action for Women
I. The European Union Jurisprudence
II. The American Experience
III. Translating the American Experience to the European Debate
IV. Comparative Institutional Analysis of Affirmative Action

7. Conclusion
I. Breaking down the Divides
II. The Four Conceivable Relations between Equality Review and Institutional Choice
III. More Coherence through Doctrinal Adaptation
IV. Summary of the Thesis in Eight Points

Series: Modern Studies in European Law

Media Law and Market Regulation in the European Union ISBN 9781849460316
To be published November 2018
Hart Publishing
£40.00
The Principles of Corporate Sentencing in EU Law ISBN 9781849466509
To be published June 2018
Hart Publishing
£80.00
The Europeanisation of Remedies and Procedures through Judge-Made Law ISBN 9781849462495
To be published November 2017
Hart Publishing
£90.00
The Fundamental Rights of Companies ISBN 9781841136899
To be published September 2017
Hart Publishing
£63.00
Environmental Crime in Europe ISBN 9781509914012
To be published September 2017
Hart Publishing
£60.00
The EU and Nanotechnologies: A Critical Analysis ISBN 9781509908509
To be published July 2017
Hart Publishing
£75.00
The Rule of Law in the European Union: The Internal Dimension ISBN 9781849464703
To be published July 2017
Hart Publishing
£55.00
Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts
Edited by: Petr Agha
ISBN 9781849468657
To be published July 2017
Hart Publishing
£60.00
The European Union and Social Security Law ISBN 9781509911578
To be published June 2017
Hart Publishing
£60.00
Protecting Vulnerable Groups: The European Human Rights Framework ISBN 9781509915484
To be published April 2017
Hart Publishing
£32.99
EU Liability and International Economic Law ISBN 9781509901593
To be published April 2017
Hart Publishing
£60.00
Republican Europe ISBN 9781509910748
To be published April 2017
Hart Publishing
£55.00
£49.99 + £10.00 VAT
(ePub)
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The Struggle for European Private Law: A Critique of Codification ISBN 9781509913824
Published December 2016
Hart Publishing
£23.99
£45.82 + £9.17 VAT
(ePub)
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£58.33 + £11.66 VAT
(ePub)
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£58.33 + £11.66 VAT
(ePub)
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£31.99
European Court of Justice and External Relations: Constitutional Challenges ISBN 9781509909902
Published July 2016
Hart Publishing
£24.99
The Pluralist Character of the European Economic Constitution (eBook) ISBN 9781509901098
Published June 2016
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
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£31.99
Nationalism and Private Law in Europe ISBN 9781509907410
Published June 2016
Hart Publishing
£30.00
The Pluralist Character of the European Economic Constitution ISBN 9781849467698
Published June 2016
Hart Publishing
£60.00
European Law on Unfair Commercial Practices and Contract Law (eBook) ISBN 9781782258131
Published May 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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European Law on Unfair Commercial Practices and Contract Law ISBN 9781782258117
Published May 2016
Hart Publishing
£55.00
Equal Citizenship and its Limits in EU Law: We the Burden? ISBN 9781782258155
Published February 2016
Hart Publishing
£55.00
Equal Citizenship and its Limits in EU Law: We the Burden? (eBook) ISBN 9781782258162
Published February 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Uniformity of Customs Administration in the European Union (eBook) ISBN 9781782256731
Published November 2015
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Uniformity of Customs Administration in the European Union ISBN 9781782256724
Published November 2015
Hart Publishing
£55.00
Fundamental Rights and EU Internal Market Legislation ISBN 9781849467117
Published November 2015
Hart Publishing
£60.00
Fundamental Rights and EU Internal Market Legislation (eBook) ISBN 9781782258971
Published November 2015
Hart Publishing
£2140.83 + £428.17 VAT
(ePub)
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Nudge and the Law: A European Perspective ISBN 9781849467322
Published September 2015
Hart Publishing
£50.00
Nudge and the Law: A European Perspective (eBook) ISBN 9781782259480
Published September 2015
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
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The European Union in International Organisations and Global Governance ISBN 9781849467001
Published September 2015
Hart Publishing
£68.00
The European Union in International Organisations and Global Governance (eBook) ISBN 9781782259435
Published September 2015
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
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EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849468732
Published September 2015
Hart Publishing
£23.99
£54.16 + £10.83 VAT
(ePub)
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£65.00
The Struggle for European Private Law: A Critique of Codification ISBN 9781849462600
Published January 2015
Hart Publishing
£48.00
The Struggle for European Private Law: A Critique of Codification (eBook) ISBN 9781782253112
Published January 2015
Hart Publishing
£37.49 + £7.50 VAT
(ePub)
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European Court of Justice and External Relations: Constitutional Challenges ISBN 9781849465045
Published September 2014
Hart Publishing
£50.00
European Court of Justice and External Relations: Constitutional Challenges (eBook) ISBN 9781849468329
Published September 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
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£26.66 + £5.33 VAT
(ePub)
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£65.00
£65.00
£26.66 + £5.33 VAT
(ePub)
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EU Environmental Law, Governance and Decision-making 2nd ed ISBN 9781849464215
Published April 2014
Hart Publishing
£25.00
EU Environmental Law, Governance and Decision-making 2nd ed (eBook) ISBN 9781782254089
Published April 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
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£41.66 + £8.33 VAT
(ePub)
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Services and the EU Citizen ISBN 9781849464260
Published April 2013
Hart Publishing
£55.00
Services and the EU Citizen (eBook) ISBN 9781782250968
Published April 2013
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Empowerment and Disempowerment of the European Citizen ISBN 9781849462358
Published November 2012
Hart Publishing
£60.00
£49.99 + £10.00 VAT
(ePub)
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Federalism in the European Union (eBook) ISBN 9781847319982
Published September 2012
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
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Federalism in the European Union ISBN 9781849462426
Published September 2012
Hart Publishing
£75.00
EU Counter-Terrorism: Pre-Emption and the Rule of Law (eBook) ISBN 9781847319609
Published June 2012
Hart Publishing
£19.99 + £4.00 VAT
(ePub)
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EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849461351
Published June 2012
Hart Publishing
£60.00
Publication Abandoned