Suchergebnisse

The non-discrimination principle is the core principle of the internal market of the European Union (EU). It is defined through primary and secondary EU law. The problem of its interpretation lies in the interpretation of direct effect in both vertical and horizontal situations. This paper discusses the key issue of the understanding of fundamental rights protection and the implementation of anti-discrimination legislation.

Summary: This paper reflects on the problem of gender balance in economic decision-making, considers its legislative roots, and offers potential guidance for its solution. The paper takes into account the origin of positive action and effective equality in the scope of EU legislation and CJEU case law and tackles the most troublesome issues regarding the new initiative of making equality in boards effective. It analyses gender equality in three approaches of positive action. Firstly, the fragile approach at the EU level, despite the rich historical impact it has had. Secondly, positive action on CJEU terrain where standards of equality have been set by useful case law. Finally, the form of legislative positive action which aimed to break the glass ceiling in corporate boards – the 'Women on Boards Directive'. With such an approach, the paper offers the authors' view on the stability of positive action and an interpretation of the above-mentioned directive.

The recognition of European citizenship by the Treaty on European Union (Treaty of Maastricht) introduced a novel legal institution into the European construction, hitherto unknown in international law. Its historical importance and nature will be analysed through different perspectives. The analysis of the structure of European citizenship reveals main advantages and disadvantages of the current concept. However, in its current form, it offers a very limited list of rights. Until recently, citizens' rights were neglected and invisible at the level of the European Union. This is especially visible in the policies towards the candidate and accession countries, which are obliged to follow certain human rights standards in order to meet the conditions for membership. The importance and meaning of European citizenship for third country
nationals has been emphasised over the last few years.

Reform of the Croatian legal system and the adjustment of its legislation to EU law is one of the main conditions for the Republic of Croatia to be able to join the Union. This paper analyses the existing requirements for gender equality inside the EU, the current situation in the applicant countries and the existing problems and challenges for states that are only on the way towards European integration. In the Republic of Croatia gender equality is not guaranteed to a sufficient
extent, which has resulted in negative public reactions from NGOs and organisations for the protection of human rights and the rights of women. In addition, individuals are exposed everyday to various forms of sexual harassment in the workplace, in schools, universities and public places. So far, except at the constitutional level, no kind of legal approach has been adopted to guarantee gender equality or freedom of sexual orientation, which is an obligation of Croatia according to international treaties and the SAA.