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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Legal Perspectives on Equal Treatment and Non-discrimination

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ISBN13: 9789041116659
ISBN: 9041116656
Published: August 2001
Publisher: Kluwer Law International
Format: Hardback
Price: £128.00

The non-discrimination principle enshrined in the Treaty of Rome has grown, through the case law of the European Court of Justice, into a normative core of the utmost importance for the totality of Community law. In particular, the equal treatment doctrine which developed from the application of non-discrimination in employment continues to challenge the legal structures of labour law and European social integration. This collection of essays on the current and future state of equal treatment and non-discrimination in EC law presents the proceedings of a conference held at Lund University in December 2000, sponsored by the Norma Research Programme, which studies normative patterns and their development in the legal regulation of employment, housing, family and social security from a European integration perspective. Important areas of discussion include the following, among many other topics: indirect discrimination, defining the protected group, pregnancy discrimination, positive action, flexibilization of working life, rights of contract workers, and reasonable adjustments for workers with disabilities.;In an interesting outcome, the discussion reveals that an analysis in terms of discrimination adds to our understanding of law even in areas that are not generally articulated in such terms. In the wake of the European Charter of Fundamental Rights, and in the light of the distinct possibility that Europe may be moving toward a ""Single Non-Discrimination/Equal Treatment Act"", this is a fruitful point of view - one of many insights that should make this book a useful source of material with which practitioners, academics, and other interested professionals can further the development of the equal treatment principle in European law.

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Preface. Introduction. Equal Treatment -- A Normative Challenge; A. Numhauser-Henning. I. Non-Discrimination Law and Normative Development in Process. Structural Aspects of Anti-Discriminatory Legislation and Processes of Normative Change; A. Christensen. The Importance of a Structural Analysis in the Field of Anti-Discrimination Law. Comments on Anna Christensen's article; E. Ellis. Non-Discrimination as a Social and a Free Market Value; P. Norberg. Social Law, Market Law and Discrimination. Comments on Per Norberg's article; N. Bruun. From Employee to EU Citizen - A Development from Equal Treatment as a Means to Equal Treatment as a Goal? M. Malmstedt. The Place of Equal Protection on Grounds of Nationality in EU Law. Comments on Mattias Malmstedt's article; F. Pennings. II. Sex Discrimination and Legal (In-)Efficiency. Indirect Sex Discrimination in the European Court of Justice's Version; K. Lundstrom. Indirect Sex Discrimination in the European Court of Justice's Version. Comments on Karin Lundstrom's article; L. Roseberry. A Blessing or a Ban? About the Discrimination of Pregnant Job-Seekers; J. Julen. Pregnancy Discrimination in EU Law. Comments on Jenny Julen's article; C. McGlynn. On Equal Treatment, Positive Action and the Significance of a Person's Sex; A. Numhauser-Henning. On Equal Treatment, Positive Action and the Significance of a Person's Sex. Comments on Ann Numhauser-Henning's article; E. Szyszczak. III. Equal Treatment and the Future of Labour Law. The Right to Direct and Allocate Work -- From Employer Prerogatives to Objective Grounds;M. Ronnmar. The Right to Direct and Allocate Work -- From Employer Prerogatives to Objective Grounds. Comments on Mia Ronnmar's article; R. Nielsen. Equal Treatment of Employees and Self-Employed Workers; S. Engblom.Equal Treatment of Employees and Self-Employed Workers. Comments on Samuel Engblom's article; S. Deakin. Discrimination of People with Disabilities. Normative Aspects of Disability and Work in a Swedish, English and EC Context; A. Inghammar. Disability Discrimination at Work. Comments on Andreas Inghammar's article; A. Neal. Index. Cases (European Court of Justice). Bibliographical data on contributing authors.