Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Association belge des Consommateurs Test-Achats and others v Council (Case C-236/09), EU:C:2011:100, [2011] ECR I-773, 1 March 2011. The document also includes supporting commentary from author Noreen O'Meara.
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Association belge des Consommateurs Test-Achats and others v Council (Case C-236/09), EU:C:2011:100, [2011] ECR I-773, 1 March 2011
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Foster and others v British Gas plc (Case C-188/89), EU:C:1990:313, [1990] ECR I-3313, 12 July 1990
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Foster and others v British Gas plc (Case C-188/89), EU:C:1990:313, [1990] ECR I-3313, 12 July 1990. The document also includes supporting commentary from author Noreen O'Meara.
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Association belge des Consommateurs Test-Achats and others v Council (Case C-236/09), EU:C:2011:100, [2011] ECR I-773, 1 March 2011
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Association belge des Consommateurs Test-Achats and others v Council (Case C-236/09), EU:C:2011:100, [2011] ECR I-773, 1 March 2011. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Foster and others v British Gas plc (Case C-188/89), EU:C:1990:313, [1990] ECR I-3313, 12 July 1990
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Foster and others v British Gas plc (Case C-188/89), EU:C:1990:313, [1990] ECR I-3313, 12 July 1990. The document also includes supporting commentary from author Noreen O’Meara.
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13. Part-Time and Fixed-Term Work
This chapter examines the policies that have been adopted to strike a balance between the twin objectives of labour market flexibility and enhanced job quality in the context of the regulation of part-time work and fixed-term work. It discusses the benefits and drawbacks of part-time and fixed-term working: for workers the flexibility which accompanies such positions can enable them to secure working hours that are tailored around their domestic and social responsibilities; however, such work often comes at a cost in terms of low pay, low status, and insecurity. These working patterns are attractive to employers as they generate cost efficiencies. The chapter evaluates the equal treatment regimes contained in the Part-Time Workers Regulations and the Fixed-Term Employees Regulations. In so doing, it addresses the Framework Agreement and Directive on Part-time Work and the Agreement on Fixed-term Work and the Fixed-term Work Directive.
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16. Discrimination law: from sex discrimination in employment to a general equality principle
This chapter focuses on discrimination prohibited in employment. It first looks at sex discrimination, which, as it developed both in respect of abundant case law and of legislation, has contributed much to the development of the more general principle of equal treatment. It then considers other forms of discrimination included in the directives made under Article 19 of the TFEU.
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8. Remands before trial
The impact on the liberty of a defendant is an important issue and this chapter analyses remand decisions, scrutinizing the justifications for taking away liberty before trial. It also considers the law relating to remands as well as the treatment of unconvicted defendants, the treatment of victims and potential victims, procedural justice and remand decisions, and, finally, equal treatment in remand decisions. The principal focus in this chapter is on the court’s decision whether to remand on bail or in custody between first appearance and trial. Also discussed are the issues of principle raised by the law and practice.
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13. Citizenship and free movement rights: beyond economic links
This chapter discusses Union citizenship and free movement of persons rights in the EU for Union citizens and their spouses, partners, children and dependants. It examines the Charter of Fundamental Rights, the European Convention on Human Rights, the Free Movement or Citizenship Directive and the principle of equal treatment. The chapter also considers the facets of Union citizenship and the political dimension of Union citizenship with reference to the European Citizens’ Initiative. It concludes with a discussion on some of the challenges of Union citizenship.
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Rudy Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve (Case C-184/99), EU:C:2001:458, [2001] ECR I-06193, 20 September 2001
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rudy Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve (Case C-184/99), EU:C:2001:458, [2001] ECR I-06193, 20 September 2001. The document also includes supporting commentary from author Noreen O'Meara.
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Jobcenter Berlin Neukölln v Nazifa Alimanovic and others (Case C-67/14), EU:C:2015:597, 15 September 2015
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Jobcenter Berlin Neukölln v Nazifa Alimanovic and others (Case C-67/14), EU:C:2015:597, 15 September 2015. The document also includes supporting commentary from author Noreen O'Meara.
Chapter
Rudy Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve (Case C-184/99), EU:C:2001:458, [2001] ECR I-06193, 20 September 2001
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rudy Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve (Case C-184/99), EU:C:2001:458, [2001] ECR I-06193, 20 September 2001. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Jobcenter Berlin Neukölln v Nazifa Alimanovic and others (Case C-67/14), EU:C:2015:597, 15 September 2015
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Jobcenter Berlin Neukölln v Nazifa Alimanovic and others (Case C-67/14), EU:C:2015:597, 15 September 2015. The document also includes supporting commentary from author Noreen O’Meara.
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22. Discrimination
This chapter examines European Union (EU) law on discrimination, including the definition of ‘discrimination’ and the limited possibilities of justifying it. The chapter provides an overview of EU provisions on gender equality and discusses equal pay for equal work under Article 157 of the Treaty on the Functioning of the European Union (TFEU). It also explains the principles of equal treatment in self-employment, social security matters and occupational pension schemes, and also discusses the provisions of Directives 2004/113 (sex equality outside employment), Directive 2000/43 (race equality) and Directive 2000/78 (non-discrimination on grounds of age, disability, religion and sexual orientation).
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8. Equality and Non-Discrimination
Daniel Moeckli
The principle of equality and non-discrimination has gained a prominent status in virtually every liberal democratic state as well as in international law. However, what this fundamental rule entails in practice is difficult to establish. The challenge is to give substance to the abstract notion of equality by translating it into concrete legal formulations that clarify which forms of unequal treatment are legitimate because they are based on morally acceptable criteria and which ones are wrongful. This chapter explains how this challenge has been addressed in international human rights law. It first discusses the meaning of equality and non-discrimination and gives an overview of the different norms guaranteeing equality and non-discrimination in international human rights law, followed by an explanation of the concepts of direct and indirect discrimination. The chapter then considers the requirements for a difference in treatment to be justified under international human rights law and sets out the various obligations that the right to equality imposes on states, in particular their duty to take positive action to ensure everyone can enjoy that right.
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25. Discrimination
This chapter examines European Union (EU) law on discrimination, including the definition of ‘discrimination’ and the limited possibilities of justifying it. The chapter provides an overview of EU provisions on gender equality and discusses equal pay for equal work under Article 157 of the Treaty on the Functioning of the European Union (TFEU). It also explains the principles of equal treatment in self-employment, social security matters and occupational pension schemes, and also discusses the provisions of Directives 2004/113 (sex equality outside employment), Directive 2000/43 (race equality) and Directive 2000/78 (non-discrimination on grounds of age, disability, religion and sexual orientation).
