Mabbett, Deborah (2010) Age discrimination in law and policy: how the equal treatment directive affects national welfare states. In: Ross, M. and Borgmann Prebil, Y. (eds.) Promoting Solidarity in the European Union. Oxford, UK: Oxford University Press, pp. 198-215. ISBN 9780199583188.Full text not available from this repository.
This chapter examines how the European Court of Justice (ECJ) has navigated, or sometimes failed to navigate, a knotty problem in the application of equality laws. It discusses the ECJ's approach to the relationship between sex equality law and social policy. This is followed by an account of recent cases which take up the age discrimination provisions in the Framework Equal Treatment Directive (FETD). It shows that the ECJ steered itself into stormy waters in its early decision in Mangold, but has since tried to find a way out. In so doing, it might seem to have weakened the potential impact of the FETD. The final section considers whether and why this might be an appropriate outcome in light of the policy objectives of the Directive and the political conditions under which it was promulgated.
|Item Type:||Book Section|
|Keyword(s) / Subject(s):||European Court of Justice, equality laws, sex equality, social policy, Framework Equal Treatment Directive, non-discrimination law|
|School or Research Centre:||Birkbeck Schools and Research Centres > School of Social Sciences, History and Philosophy > Politics|
|Date Deposited:||25 Mar 2011 09:50|
|Last Modified:||17 Apr 2013 12:17|
Archive Staff Only (login required)