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EU Equality Law
The First Fundamental Rights Policy of the EU
«Muir's exploration of equality makes for a thoughtful, rich, and original contribution to bibliography providing a critique not only on equality but also, more broadly, on rights discourse and the separation of powers in the EU.»
Takis Tridimas, Professor of European Law, King's College London, Nancy A. Patterson Distinguished S
The European Union is a supranational organisation with a set of circumscribed powers. Although these powers do not include an all-encompassing fundamental rights' mandate, today's existential challenges - from economic to refugee crisis, via concerns for compliance with the rule of law in some of its Member States - increase the pressure on the EU to develop tools for protection and promotion of such rights. Les mer
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The European Union is a supranational organisation with a set of circumscribed powers. Although these powers do not include an all-encompassing fundamental rights' mandate, today's existential challenges - from economic to refugee crisis, via concerns for compliance with the rule of law in some of its Member States - increase the pressure on the EU to develop tools for protection and promotion of such rights.
One way of addressing the tension between the lack of a general mandate and vivid calls for protection is for the EU to focus on selected fundamental rights which it has competence to regulate. One such example is EU law on the fundamental right to equal treatment that has blossomed since the late 1990s. In developing selected fundamental right policies that can be imposed on domestic actors, as EU law does, supranational intervention needs to be carefully tailored to the plural landscape where
they are intended to flourish.
This monograph calls for a nuanced use of the infrastructure of EU law to convey shared values at domestic level across Europe.
One way of addressing the tension between the lack of a general mandate and vivid calls for protection is for the EU to focus on selected fundamental rights which it has competence to regulate. One such example is EU law on the fundamental right to equal treatment that has blossomed since the late 1990s. In developing selected fundamental right policies that can be imposed on domestic actors, as EU law does, supranational intervention needs to be carefully tailored to the plural landscape where
they are intended to flourish.
This monograph calls for a nuanced use of the infrastructure of EU law to convey shared values at domestic level across Europe.
Detaljer
- Forlag
- Oxford University Press
- Innbinding
- Innbundet
- Språk
- Engelsk
- ISBN
- 9780198814665
- Utgivelsesår
- 2018
- Format
- 24 x 16 cm
Anmeldelser
«Muir's exploration of equality makes for a thoughtful, rich, and original contribution to bibliography providing a critique not only on equality but also, more broadly, on rights discourse and the separation of powers in the EU.»
Takis Tridimas, Professor of European Law, King's College London, Nancy A. Patterson Distinguished S
«Muir puts forward two main arguments in this book which can be summarised as follows: first, creating a fundamental rights policy...Second, Muir deals with what she calls the 'governance' of EU equality law in domestic spheres...This book does well to revive the theme of EU fundamental rights policy-making and to investigate fundamental rights in legislation. It provides and invites needed contemplation on the interplay between the legislature and the judiciary in the protection of equality law, and fundamental rights more generally, and the identified problem of 'over-constitutionalisation', especially as the case law is developing in this field.»
Vasiliki Kosta, Associate Professor, Europa Institute, EuConst
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