Reconceptualising European Equality Law: A Comparative Institutional Analysis

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This important new book seeks to widen the understanding of the principle of equality within European law. Firstly, it deconstructs the European Court of Justices adjudication of cases in the field. It then explores how the Member States courts decide on the question of equality. This detailed rigorous research allows the author to argue for a reconceptualised equality doctrine. Such an adaptation, the author argues, will provide judges, practitioners and academics with the tools to balance institutional considerations against substantive interpretation. Theoretically ambitious, while grounded in practical application, this is a significant restatement of one of the key principles of European law: the equality doctrine.

Reviews

Reconceptualising EU equality law is a great challenge. Johanna Croon-Gestefeld approaches it from an angle that, in practice, is often veiled and not fully understood by the public. By trying to make sense of the CJEUs equality adjudication and analysing it from a comparative-institutional point of view, she contributes to a better understanding of EU equality law. One of the strengths of this book is that she provides concrete tools and techniques for judges to carry out such a comparative institutional analysis (see, in particular, Chapter 7). This book can therefore be warmly recommended as a very worthwhile read. -- Elisabeth Brameshuber, WU Vienna University of Economics and Business * European Journal of Social Security *
Croon-Gestefelds reconceptualization of EU equality law revisits the subject matter in a provoking and fascinating way, trying to lift the mystery surrounding the ECJs deliberations, and thus contributing to a better understanding and awareness of the complexity characterizing that set of rules and its enforcement. Practitioners and researchers interested in EU equality law will therefore find the book particularly interesting and useful. -- Federico Casolari * Common Market Law Review *

Author Bio

Johanna Croon-Gestefeld is Postdoctoral Fellow at Bucerius Law School.