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Vol 22 No 9 Sept/Oct 2017

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Corruption and Misuse of Public Office

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Reconceptualising European Equality Law: A Comparative Institutional Analysis


ISBN13: 9781509909667
Published: February 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £55.00



Low stock.

Also available as
£45.82
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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

The Europeanisation of Remedies and Procedures through Judge-Made Law ISBN 9781849462495
To be published April 2019
Hart Publishing
£90.00
Media Law and Market Regulation in the European Union ISBN 9781849460316
To be published January 2019
Hart Publishing
£40.00
EU Governance of GMOs ISBN 9781841138039
To be published January 2019
Hart Publishing
£50.00
EU Employment Law 2nd ed ISBN 9781841136837
To be published January 2019
Hart Publishing
£35.00
The Principles of Corporate Sentencing in EU Law ISBN 9781849466509
To be published May 2018
Hart Publishing
£80.00
The EU Better Regulation Agenda: A Critical Assessment ISBN 9781509917334
To be published May 2018
Hart Publishing
£70.00
Toward a Prosecutor for the European Union: Draft Rules of Procedure
Edited by: Katalin Ligeti
ISBN 9781849463157
To be published May 2018
Hart Publishing
£58.00
Social Legitimacy in the Internal Market: A Dialogue of Mutual Responsiveness ISBN 9781509914531
To be published May 2018
Hart Publishing
£65.00
Collective Rights in Europe: A Comparative Study of Safeguards and Barriers ISBN 9781849463690
To be published May 2018
Hart Publishing
£75.00
The Fundamental Rights of Companies ISBN 9781841136899
To be published May 2018
Hart Publishing
£63.00
Uniformity of Customs Administration in the European Union ISBN 9781509920020
To be published February 2018
Hart Publishing
£29.99
Fundamental Rights and EU Internal Market Legislation ISBN 9781509920006
To be published February 2018
Hart Publishing
£32.99
The European Union Under Transnational Law: A Pluralist Appraisal ISBN 9781509911523
To be published January 2018
Hart Publishing
£55.00
The European Union in International Organisations and Global Governance ISBN 9781509918379
To be published December 2017
Hart Publishing
£37.99
Questioning EU Citizenship: Judges and the Limits of Free Movement and Solidarity in the EU
Edited by: Daniel Thym
ISBN 9781509914685
To be published December 2017
Hart Publishing
£70.00
Nudge and the Law: A European Perspective ISBN 9781509918355
To be published December 2017
Hart Publishing
£22.99
Environmental Crime in Europe ISBN 9781509914012
To be published December 2017
Hart Publishing
£75.00
Governing Public Health: EU Law, Regulation and Biopolitics ISBN 9781509917761
To be published November 2017
Hart Publishing
£29.99
The Rule of Law in the European Union: The Internal Dimension (eBook) ISBN 9781509916542
Published September 2017
Hart Publishing
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The Rule of Law in the European Union: The Internal Dimension ISBN 9781849464703
Published September 2017
Hart Publishing
£55.00
The European Union and Social Security Law (eBook) ISBN 9781509911561
Published August 2017
Hart Publishing
£49.99 + £10.00 VAT
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Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts
Edited by: Petr Agha
ISBN 9781849468657
Published August 2017
Hart Publishing
£60.00
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The European Union and Social Security Law ISBN 9781509911578
Published August 2017
Hart Publishing
£60.00
The EU and Nanotechnologies: A Critical Analysis (eBook) ISBN 9781509908523
Published August 2017
Hart Publishing
£62.49 + £12.50 VAT
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The EU and Nanotechnologies: A Critical Analysis ISBN 9781509908509
Published August 2017
Hart Publishing
£75.00
Fundamental Rights in the EU: A Matter for Two Courts ISBN 9781509915477
Published June 2017
Hart Publishing
£30.00
£32.99
£58.33 + £11.66 VAT
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EU Liability and International Economic Law (eBook) ISBN 9781509901616
Published June 2017
Hart Publishing
£49.99 + £10.00 VAT
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Republican Europe (eBook) ISBN 9781509910731
Published June 2017
Hart Publishing
£49.99 + £10.00 VAT
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EU Liability and International Economic Law ISBN 9781509901593
Published June 2017
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£60.00
Republican Europe ISBN 9781509910748
Published June 2017
Hart Publishing
£60.00
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Marketing and Advertising Law in a Process of Harmonization ISBN 9781509900671
Published May 2017
Hart Publishing
£65.00
£29.99
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The Struggle for European Private Law: A Critique of Codification ISBN 9781509913824
Published February 2017
Hart Publishing
£23.99
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£58.33 + £11.66 VAT
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£58.33 + £11.66 VAT
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The European Union’s External Action in Times of Crisis (eBook) ISBN 9781509900572
Published October 2016
Hart Publishing
£70.82 + £14.17 VAT
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The European Union’s External Action in Times of Crisis ISBN 9781509900558
Published October 2016
Hart Publishing
£85.00
£31.99
European Court of Justice and External Relations: Constitutional Challenges ISBN 9781509909902
Published July 2016
Hart Publishing
£24.99
Nationalism and Private Law in Europe ISBN 9781509907410
Published June 2016
Hart Publishing
£30.00
£31.99
The EU Accession to the ECHR ISBN 9781509909261
Published June 2016
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£32.99
The Pluralist Character of the European Economic Constitution ISBN 9781849467698
Published June 2016
Hart Publishing
£60.00
EU Asylum Procedures and the Right to an Effective Remedy ISBN 9781509907427
Published June 2016
Hart Publishing
£30.00
The Pluralist Character of the European Economic Constitution (eBook) ISBN 9781509901098
Published June 2016
Hart Publishing
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European Law on Unfair Commercial Practices and Contract Law ISBN 9781782258117
Published May 2016
Hart Publishing
£55.00
European Law on Unfair Commercial Practices and Contract Law (eBook) ISBN 9781782258131
Published May 2016
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The Impact of Union Citizenship on the EU's Market Freedoms ISBN 9781849461672
Published February 2016
Hart Publishing
£55.00
The Impact of Union Citizenship on the EU's Market Freedoms (eBook) ISBN 9781509904419
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Equal Citizenship and its Limits in EU Law: We the Burden? (eBook) ISBN 9781782258162
Published February 2016
Hart Publishing
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Equal Citizenship and its Limits in EU Law: We the Burden? ISBN 9781782258155
Published February 2016
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£55.00
Uniformity of Customs Administration in the European Union (eBook) ISBN 9781782256731
Published November 2015
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£49.99 + £10.00 VAT
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Uniformity of Customs Administration in the European Union ISBN 9781782256724
Published November 2015
Hart Publishing
£60.00
Fundamental Rights and EU Internal Market Legislation ISBN 9781849467117
Published November 2015
Hart Publishing
£180.00
Fundamental Rights and EU Internal Market Legislation (eBook) ISBN 9781782258971
Published November 2015
Hart Publishing
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The European Union in International Organisations and Global Governance ISBN 9781849467001
Published September 2015
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£75.00
The European Union in International Organisations and Global Governance (eBook) ISBN 9781782259435
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Nudge and the Law: A European Perspective ISBN 9781849467322
Published September 2015
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£55.00
Nudge and the Law: A European Perspective (eBook) ISBN 9781782259480
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EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849468732
Published September 2015
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£25.99
£65.00
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Governing Public Health: EU Law, Regulation and Biopolitics (eBook) ISBN 9781782259732
Published July 2015
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Governing Public Health: EU Law, Regulation and Biopolitics ISBN 9781849462204
Published July 2015
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£60.00
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Fundamental Rights in the EU: A Matter for Two Courts (eBook) ISBN 9781782258902
Published March 2015
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EU International Relations Law 2nd ed (eBook) ISBN 9781782254898
Published March 2015
Hart Publishing
£36.66 + £7.33 VAT
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Fundamental Rights in the EU: A Matter for Two Courts ISBN 9781849467070
Published March 2015
Hart Publishing
£65.00
EU International Relations Law 2nd ed ISBN 9781849463225
Published March 2015
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£43.99
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The Struggle for European Private Law: A Critique of Codification ISBN 9781849462600
Published January 2015
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£55.00
The Struggle for European Private Law: A Critique of Codification (eBook) ISBN 9781782253112
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European Court of Justice and External Relations: Constitutional Challenges ISBN 9781849465045
Published September 2014
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£55.00
European Court of Justice and External Relations: Constitutional Challenges (eBook) ISBN 9781849468329
Published September 2014
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The EU Accession to the ECHR ISBN 9781849465236
Published July 2014
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The EU Accession to the ECHR (eBook) ISBN 9781782254478
Published July 2014
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EU Asylum Procedures and the Right to an Effective Remedy ISBN 9781849465458
Published June 2014
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EU Asylum Procedures and the Right to an Effective Remedy (eBook) ISBN 9781782254003
Published June 2014
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£24.99 + £5.00 VAT
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Nationalism and Private Law in Europe (eBook) ISBN 9781782253877
Published May 2014
Hart Publishing
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Nationalism and Private Law in Europe ISBN 9781849465878
Published May 2014
Hart Publishing
£65.00
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£26.66 + £5.33 VAT
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£70.00
£70.00
EU Environmental Law, Governance and Decision-making 2nd ed (eBook) ISBN 9781782254089
Published April 2014
Hart Publishing
£23.32 + £4.67 VAT
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EU Environmental Law, Governance and Decision-making 2nd ed ISBN 9781849464215
Published April 2014
Hart Publishing
£27.99
EU Security and Justice Law: After Lisbon and Stockholm (eBook) ISBN 9781782252641
Published February 2014
Hart Publishing
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EU Security and Justice Law: After Lisbon and Stockholm ISBN 9781849464222
Published February 2014
Hart Publishing
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£60.00
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£45.00
Services and the EU Citizen ISBN 9781849464260
Published April 2013
Hart Publishing
£60.00
Services and the EU Citizen (eBook) ISBN 9781782250968
Published April 2013
Hart Publishing
£49.99 + £10.00 VAT
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Lawyering Europe: European Law as a Social Field (eBook) ISBN 9781782250944
Published March 2013
Hart Publishing
£49.99 + £10.00 VAT
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Lawyering Europe: European Law as a Social Field ISBN 9781849463782
Published March 2013
Hart Publishing
£60.00
The Legal Reasoning of the Court of Justice of the EU ISBN 9781849463232
Published January 2013
Hart Publishing
£75.00
The Legal Reasoning of the Court of Justice of the EU (eBook) ISBN 9781782250319
Published January 2013
Hart Publishing
£62.49 + £12.50 VAT
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Toward a Prosecutor for the European Union Volume 1 A Comparative Analysis
Edited by: Katalin Ligeti
ISBN 9781849463140
Published December 2012
Hart Publishing
£120.00
Toward a Prosecutor for the European Union Volume 1 A Comparative Analysis (eBook)
Edited by: Katalin Ligeti
ISBN 9781782250456
Published December 2012
Hart Publishing
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£54.16 + £10.83 VAT
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Empowerment and Disempowerment of the European Citizen ISBN 9781849462358
Published November 2012
Hart Publishing
£65.00
Federalism in the European Union (eBook) ISBN 9781847319982
Published September 2012
Hart Publishing
£70.82 + £14.17 VAT
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Federalism in the European Union ISBN 9781849462426
Published September 2012
Hart Publishing
£85.00
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Children and the European Union: Rights, Welfare and Accountability ISBN 9781841137650
Published August 2012
Hart Publishing
£34.99
EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849461351
Published June 2012
Hart Publishing
£65.00
EU Counter-Terrorism: Pre-Emption and the Rule of Law (eBook) ISBN 9781847319609
Published June 2012
Hart Publishing
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The Constitutional Dimension of European Criminal Law (eBook) ISBN 9781847319548
Published May 2012
Hart Publishing
£54.16 + £10.83 VAT
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The Constitutional Dimension of European Criminal Law ISBN 9781849461764
Published May 2012
Hart Publishing
£65.00
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Public Liability in EU Law: Brasserie, Bergaderm and Beyond ISBN 9781849461337
Published November 2011
Hart Publishing
£85.00
Public Liability in EU Law: Brasserie, Bergaderm and Beyond (eBook) ISBN 9781847318190
Published November 2011
Hart Publishing
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The Cyprus Issue: The Four Freedoms in a Member State under Siege ISBN 9781849460958
Published March 2011
Hart Publishing
£70.00
The Impact of EU Law on Minority Rights ISBN 9781841138725
Published January 2011
Hart Publishing
£60.00
The Employment Relationship: A Comparative Overview ISBN 9781841134208
Published December 2010
Hart Publishing
£40.99
£100.00
Legitimacy in EC Cartel Control ISBN 9781849460057
Published February 2010
Hart Publishing
£110.00
Principles of European Constitutional Law 2nd ed ISBN 9781841138220
Published December 2009
Hart Publishing
£200.00
EU Criminal Law (eBook) ISBN 9781847317261
Published March 2009
Hart Publishing
£37.49 + £7.50 VAT
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EU Criminal Law ISBN 9781841135854
Published March 2009
Hart Publishing
£45.00
£60.00
Regulation of the State in Competitive Markets in the EU ISBN 9781841134970
Published August 2007
Hart Publishing
£38.99
Free Movement, Social Security and Gender in the EU ISBN 9781841136226
Published July 2007
Hart Publishing
£80.00
EU Food Law: Protecting Consumers and Health in a Common Market ISBN 9781841134987
Published March 2007
Hart Publishing
£49.99
The National Courts' Mandate in the European Constitution ISBN 9781841134765
Published March 2006
Hart Publishing
£100.00
European Union Law and Defence Integration ISBN 9781841134406
Published October 2005
Hart Publishing
£80.00
National Remedies Before The Court of Justice ISBN 9781841133959
Published December 2004
Hart Publishing
£65.00
Partnership Rights, Free Movement, and EU Law ISBN 9781841134772
Published December 2004
Hart Publishing
£65.00
Soft Law in European Community Law ISBN 9781841134321
Published September 2004
Hart Publishing
£100.00
Publication Abandoned