Indirect Discrimination

Introduced into European Community law by the Court of Justice through its case law in the field of free movement of workers, the legal concept of indirect discrimination has evolved into one with far wider and greater relevance to many other areas of EC law as well. This book analyses the concept of indirect discrimination in a broad and comparative context, which encompasses both economic and social law.

Auteur(s):
Christa Tobler
Reeks:
Social Europe Series
Volume:
10
boek | verschenen | 1e editie
juli 2005 | xxiv + 516 blz.

Paperback
€ 107,-


ISBN 9789050954587

Inhoud

Introduced into European Community law by the Court of Justice through its case law in the field of free movement of workers, the legal concept of indirect discrimination has evolved into one with far wider and greater relevance to many other areas of EC law as well. Nonetheless, today the very meaning of the concept and its practical implications are often far from well understood. This book analyses the concept of indirect discrimination in a broad and comparative context, which encompasses both economic and social law.

The subject is approached in such a manner that scholars, practitioners, and merely interested readers can profit from the opportunity to examine the development of the legal concept of indirect discrimination as well as its relationship to other important concepts under EC law. The study asks and offers answers well informed by case law, legislation, and the views of other commentators to the issues: Why was such a legal concept as indirect discrimination called for originally? What did this concept mean then, and what does it mean today? Given the many developments that have taken place in the conceptual framework of EC law, does a need for the concept of indirect discrimination still exist today?

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Table of Contents (p. 0)

PART ONE: INTRODUCTION AND BACKGROUND

A. SUBJECT AND METHODOLOGY OF THE STUDY (p. 1)

B. PARAMETERS (p. 15)

C. HISTORICAL PRECURSORS OF THE CONCEPT OF INDIRECT DISCRIMINATION (p. 89)

PART TWO: THE DEVELOPMENT OF THE LEGAL CONCEPT OF INDIRECT DISCRIMINATION IN EC LAW

A. THE DEVELOPMENT THROUGH CASE LAW (p. 99)

B. THE DEVELOPMENT OF THE LEGAL DEFINITIONS (p. 279)

PART THREE: DEMARCATIONS

A. DIRECT AND INDIRECT DISCRIMINATION (p. 305)

B. INDIRECT DISCRIMINATION AND RESTRICTIONS IN A WIDER SENSE (p. 371)

C. DO WE STILL NEED THE CONCEPT OF INDIRECT DISCRIMINATION? (p. 419)

TABLES (p. 437)

INDEX (p. 509)

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Social Europe Series

The Social Europe Series gives the reader more than an introduction to the social systems of the member states of the European Union. It offers the social security expert with comparative experience the opportunity to place his or her knowledge of (aspects of) foreign social security systems in a broader national context. The series facilitates the broad comparison of the national systems, by describing them according to a uniform structure.

Editorial board: Michael Adler (University of Edinburgh), Anne Davies (University of Oxford), Guus Heerma van Voss (University of Leiden), Frank Hendrickx (University of Leuven & Tilburg University), Frans Pennings (Utrecht University), Sophie Robin-Olivier (University of Paris X Nanterre), Achim Seifert (University of Luxembourg ), Sara Stendahl (Göteborg University) and Bernd Waas (Johann Wolfgang Goethe-University Frankfurt).

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