Suchergebnisse

Both EU law and the European Convention on Human Rights contain protections against invidious forms of discrimination. EU law has long been concerned to combat discrimination on the grounds of sex and nationality, and has more recently begun to tackle discrimination on the bases of race, sexual orientation, age, religion or belief and disability. Article 14 of the Convention is also concerned with these grounds—some explicitly, some through judicial interpretation—as well as others such as birth status. However, at a level of detail the two bodies of law differ in many ways: for example, in the contexts in which they apply, in their treatment of justifications for prima facie acts of discrimination, and in the extent to which direct and indirect discrimination are prohibited. It is thus a matter for debate how far they in fact overlap, or have the potential to do so. Furthermore, given that it is a shared concern of EU law and the Convention to combat invidious forms of discrimination, their respective anti-discrimination protections might be felt to provide a particularly strong illustration of the extent to which there are similarities and divergences between the two bodies of law. In this sense, anti-discrimination law offers an illuminating case study of the intersections and differences between the two bodies of 'European' law, both at European level and within the domestic legal systems of EU Member States.

In Grant v. South-West Trains, the European Court of Justice ruled that an employer's refusal to grant an employee concessionary travel for her samesex partner on the company's trains—when such a concession was readily available to employees with opposite-sex partners—did not constitute sex discrimination contrary to Article 141 of the EC Treaty. From the standpoint of Community law, the Grant decision has been criticised from a number of angles: for example, it has been suggested that the decision contains an ungenerous approach to the Community law principles of respect for fundamental rights and equality, that it is inconsistent with the Court's earlier decision in P v. S and Cornwall County Council, and that—given the weight attached by the Court of Justice to European Convention on Human Rights case law—it has been undermined by the later decision of the European Court of Human Rights in Smith v. United Kingdom.

Accountability in the context of constitutional and administrative law is a complex concept. This book examines the legal framework of public institutions in light of contemporary accountability debates, the role of human rights in public accountability, accountability in regulation, and the operation of accountability in multi-layered government.

How is the distribution of power between the different levels of the contemporary constitution to be policed? What is the emerging contribution of the courts in regard to EC law,the Human Rights Act 1998 and devolution? What roles should be played by the legislative and judicial bodies at each level? Who should have access to the courts in public law disputes, and on what grounds should the courts regulate the exercise of public power? Can a coherent distinction be maintained between public and private law? These essays by leading public law scholars explore the allocation and regulation of public power in the United Kingdom. At the beginning of the twenty first century it appears that the traditional Diceyan model of a unitary constitution has been superseded as power has come to be distributed - particularly in the post-1997 period - between institutions at European, national, devolved and local level. Furthermore, the courts have come to play a powerful role at all levels through judicial review, while forms of regulation and contracting, together with other informal techniques of governance, have emerged. The contemporary constitution can be characterised as involving a multi-layered distribution of power - a situation which raises many key questions about the role of public law. The essays in this important collection tackle such questions from a variety of perspectives, aiming between them to provide a dynamic picture of the role of public law in the contemporary, multi-layered constitution

Globalisation of the economy and increased integration in Europe has led to a stronger focus on EU labour, employment and equality law. The Research Handbook on EU Labour Law draws together contributions from leading academics in this field at an important historic moment in its development. As well as assessing the 'state of the art', they identify key research questions for the future. Split into four distinct parts, this Research Handbook provides a comprehensive examination of the major topics in EU labour, employment and equality law. Part One addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law and the impact of austerity measures. The subsequent parts offer in-depth treatments of specific topics: Part Two focuses on various issues in individual and collective labour law at EU level, including working time and job security; Part Three provides an analysis of collective labour law, including its implications for trade unions and industrial democracy; and Part Four explores the EU's interventions in equality law, considering its impact across a range of different protected characteristics. Contemporary and far-reaching, the Research Handbook on EU Labour Law will prove to be an unrivalled reference work for academics and scholars seeking further understanding of EU labour, employment and equality law as well as further direction for ongoing research. Practitioners and policy-makers will also find it useful as a source of policy evaluation and theoretical perspectives