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European Equality Law Network

European network of legal experts in gender equality and non-discrimination

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Thematic reports

 

Since the adoption of the Racial Equality Directive (2000/43/EC) and the Employment Equality Directive (2000/78/EC) the Court of Justice of the European Union (CJEU) has handed down an ever-increasing number of judgments related to these Directives, clarifying many important aspects of their wording. An initial overview of the evolution of this case law, addressing key themes within its development, was written in 2012 by Colm O’Cinneide. This report provides an updated account of case law developments since that date, and also to trace the ongoing impact of the CJEU’s case law on national law. It takes stock of how the case law of the Court has developed since 2012. It also examines the impact of this case law on national law and critically analyses the evolution of the Court’s jurisprudence. The methodology used is qualitative, involving close analysis of the judgments of the Court, opinions of Advocate-Generals, academic commentary and decisions of national courts in Member States.
Kimberly Liu and Colm O’Cinneide (November 2019)

Publication date: 4 December 2019. Topics

This report considers the use of ‘positive action’ in employment as a key mechanism to advance women’s equality, and to ensure gender-balanced company boards. ‘Positive action’ involves the use of measures that are taken by government or other actors to enable or encourage members of ‘protected groups’ (such as women) to overcome or at least reduce current or past disadvantages (including discrimination), or to meet the needs of the protected group that differ from other groups, or to enable or encourage persons in the protected groups to participate in a particular activity where they might otherwise be under-represented. The report identifies the current legal and regulatory frameworks and scope of positive action in European Union law and policy, and in the 28 European Union (EU) Member States (including the United Kingdom), and the 3 members of the European Economic Area (EEA, comprising Iceland, Liechtenstein, and Norway). The report aims to lay bare where tensions and gaps may arise in the applicable legal framework between different levels of legal authority, but in particular between the EU law and national approaches to positive action. Addressing this second issue involves a reflection on whether there are possible inconsistencies or shortcomings in the current EU legal treatment of positive action (including the jurisprudence of the Court of Justice of the European Union. In light of this analysis, the report makes recommendations for possible European Union action, including suggestions for actions that may be included in any forthcoming EU gender strategy.

Christopher McCrudden (October 2019)

Publication date: 4 December 2019. Topics

Susanne Burri (2019)

Publication date: 6 November 2019. Topics

Susanne Burri (November 2018)

Publication date: 18 December 2018. Topics

Naill Crowley (August 2018)

Publication date: 10 December 2018. Topics

Marjolein van den Brink and Peter Dunne (November 2018)

Publication date: 20 November 2018. Topics

Eugenia Caracciolo di Torella and Bridgette McLellan (March 2018)

Publication date: 7 March 2018. Topics

Linda Senden and Sonja Kruisinga (January 2018)

Publication date: 30 January 2018. Topics

Erica Howard (November 2017)

Publication date: 11 December 2017. Topics

Isabelle Chopin, Catharina Germaine and Judit Tanczos (November 2017)

Publication date: 8 November 2017. Topics

Albertine Veldman (April 2017)

Publication date: 28 April 2017. Topics

Olivier De Schutter (July 2016)

Publication date: 12 October 2016. Topics

Kevät Nousiainen and Christine Chinkin (April 2016)

Publication date: 20 April 2016. Topics

Lisa Waddington and Andrea Broderick with the assistance of Anne Poulos (April 2016)

Publication date: 19 April 2016. Topics

Delia Ferri and Anna Lawson (March 2016)

Publication date: 21 March 2016. Topics

Comparative analyses

The comparative analyses provide a summary of the state of affairs of non-discrimination and gender equality law in the 28 EU Member States, Iceland, Liechtenstein, Montenegro, North Macedonia, Norway, Serbia and Turkey. The analyses give an overview of the key issues, include the latest and most important legal developments at the national level such as case law and legislative amendments, and illustrate and assess the evolution of non-discrimination and gender equality law.  

Aperçu des règles de l’UE et de leur transposition en droit national en 2018.

Publication date: 11 March 2019. Topics

Wie sind die Unionsvorschriften 2018 im nationalen Recht umgesetzt?

Publication date: 11 March 2019. Topics

A comparative analysis of the implementation of EU gender equality law in the EU Member States, the Republic of North Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia and Turkey

Publication date: 27 February 2019. Topics

How are EU rules transposed into national law in 2018? 

Publication date: 27 February 2019. Topics

The 28 EU Member States, the Republic of north Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia and Turkey compared

Publication date: 16 January 2019. Topics

A comparative analysis of the implementation of EU gender equality law in the EU Member States, the former Yugoslav Republic of Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia and Turkey

Publication date: 23 February 2018. Topics

How are EU rules transposed into national law in 2017? 

Publication date: 23 February 2018. Topics

Aperçu des règles de l’UE et de leur transposition en droit national en 2017.

Publication date: 23 February 2018. Topics

Wie sind die Unionsvorschriften 2017 im nationalen Recht umgesetzt? 

Publication date: 23 February 2018. Topics

A comparative analysis of the implementation of EU non-discrimination law in the 28 EU Member States, the former Yugoslav Republic of Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia and Turkey compared

Publication date: 6 December 2017. Topics

A comparative analysis of the implementation of EU non-discrimination law in the EU Member States, the former Yugoslav Republic of Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia and Turkey

Publication date: 12 January 2017. Topics

A comparative analysis of the implementation of EU gender equality law in the EU Member States, the former Yugoslav Republic of Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia and Turkey

Publication date: 14 December 2016. Topics

How are EU rules transposed into national law in 2016? 

Publication date: 14 December 2016. Topics

Aperçu des règles de l’UE et de leur transposition en droit national en 2016.

Publication date: 14 December 2016. Topics

Wie sind die Unionsvorschriften 2016 im nationalen Recht umgesetzt? 

Publication date: 14 December 2016. Topics

A comparative analysis of the implementation of EU non-discrimination law in the EU Member States, the former Yugoslav Republic of Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia and Turkey

Publication date: 24 May 2016. Topics

A comparative analysis of the implementation of EU gender equality law in the EU Member States, the former Yugoslav Republic of Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia and Turkey

Publication date: 24 May 2016. Topics

How are EU rules transposed into national law in 2015?

Publication date: 14 December 2015. Topics

Aperçu des règles de l’UE et de leur transposition en droit national en 2015

Publication date: 14 December 2015. Topics

Wie sind die Unionsvorschriften 2015 im nationalen Recht umgesetzt? 

Publication date: 14 December 2015. Topics

The 28 EU Member States, the Former Yugoslav Republic of Macedonia, Iceland, Liechtenstein, Norway and Turkey compared

Publication date: 1 January 2015. Topics

Gender Equality Law in 33 European Countries: How are EU rules transposed into national law?

Publication date: 1 February 2014. Topics

The 28 EU Member States, the Former Yugoslav Republic of Macedonia, Iceland, Liechtenstein, Norway and Turkey compared

Publication date: 1 October 2013. Topics

The 27 EU Member States, Croatia, Former Yugoslav Republic of Macedonia, Iceland, Liechtenstein, Norway and Turkey compared

Publication date: 1 October 2012. Topics

Law reviews

This second issue of the 2019 European Equality Law Review provides an overview of legal and policy developments across Europe and reflects the state of affairs from 1 January to 30 June 2019.

This Law Review opens with four in-depth analytical articles. The first article, authored by Sophia Ayada from the European University Institute Florence, investigates the case law of the Court of Justice of the European Union concerning the access of female workers to the labour market. The second article, authored by Panagiota Petroglou, Greek gender equality expert of the European network of legal experts in gender equality and non-discrimination, examines the concepts of sexual harassment, and harassment at work related to sex. The article also evaluates relevant EU law limits and potential for future EU legislative action. The third article is authored by Judy Walsh, the Irish non-discrimination expert of the network, and explores the issue of primacy of national law over EU law with regard to a controversial provision of the Irish Equal Status Act. The fourth article is authored by Julie Ringelheim from the University of Louvain and examines the implementation of the shift of the burden of proof in non-discrimination cases, focusing on Belgium, France and Ireland.

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Issue No. 2 - 2019

Publication date: 12 November 2019. Topics

Issue No. 1 - 2019

Publication date: 18 July 2019. Topics

Issue No. 2 – 2018

Publication date: 4 December 2018. Topics

Issue No. 1 – 2018

Publication date: 10 July 2018. Topics

Issue No. 2 – 2017

Publication date: 4 December 2017. Topics

Issue No. 1 – 2017

Publication date: 18 July 2017. Topics

Issue No. 2 – 2016

Publication date: 22 November 2016. Topics

Issue No. 1 – 2016

Publication date: 17 August 2016. Topics

Issue No. 2 - 2015

Publication date: 9 November 2015. Topics

Issue No. 1 – 2015

Publication date: 13 October 2015. Topics

Issue No. 19 - November 2014

Publication date: 3 November 2014. Topics

Issue No. 18 - July 2014

Publication date: 20 July 2014. Topics

Issue No. 1 - June 2014

Publication date: 1 June 2014. Topics

Issue No. 2 - January 2014

Publication date: 1 January 2014. Topics

Issue No. 17 - November 2013

Publication date: 27 November 2013. Topics

Issue No. 16 - July 2013

Publication date: 19 July 2013. Topics

Issue No. 1 - June 2013

Publication date: 1 June 2013. Topics

Issue No. 15 - November 2012

Publication date: 25 November 2012. Topics

Issue No. 2 - November 2012

Publication date: 1 November 2012. Topics

Issue No. 14 - June 2012

Publication date: 9 June 2012. Topics

Issue No. 1 - June 2012

Publication date: 1 June 2012. Topics

Issue No. 13 - December 2011

Publication date: 17 December 2011. Topics

Issue No. 2 - November 2011

Publication date: 1 November 2011. Topics

Issue No. 12 - July 2011

Publication date: 29 July 2011. Topics

Issue No. 1 - May 2011

Publication date: 1 May 2011. Topics

Publications

Law reviews

This second issue of the 2019 European Equality Law Review provides an overview of legal and policy developments across Europe and reflects the state of affairs from 1 January to 30 June 2019. It describes the most recent case law of the Court of Justice of the European Union and the European Court of Human Rights and details the most relevant developments in the same period in legislation, case law and policy in the 36 countries that are covered by the network.

Latest publication:

European equality law review No. 2 | 2019

Cover image of European equality law review

Published:
November 2019

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More European equality law reviews

Thematic reports

The thematic reports published by the Network provide an in-depth analysis of a variety of themes in the non-discrimination and/or gender equality field. The thematic reports for 2019 are: Gender-based positive action in employment in Europe: A comparative analysis of legal and policy approaches in the EU and EEA, author Christopher McCrudden (published); The ongoing evolution of the case-law of the Court of Justice of the European Union on Directives 2000/43/EC and 2000/78/EC, authors Colm O’Cinneide and Kimberly Liu (published); Strategic Litigation in the Area of Gender Equality, author Marion Guerrero (publication pending); Racial discrimination in education and EU equality law, authors Lilla Farkas and Dezideriu Gergely (publication pending) .

Latest publication:

Gender-based positive action in employment in Europe

Cover image of Gender-based positive action in employment in Europe

Published:
2019

Christopher McCrudden (October 2019)

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More thematic reports

Comparative analyses

The comparative analyses provide a general overview of the implementation of EU gender equality and non-discrimination law in the 28 EU Member States, Iceland, Liechtenstein, Montenegro, North Macedonia, Norway, Serbia and Turkey.

Latest publications:

A comparative analysis of gender equality law in Europe 2018 A comparative analysis of the implementation of EU gender equality law in the EU Member States, the Republic of North Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia and Turkey

Cover image of A comparative analysis of gender equality law in Europe 2018

Published: February 2019

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A comparative analysis of non-discrimination law in Europe 2018 A comparative analysis of the implementation of EU non-discrimination law in the 28 EU Member States, the Republic of North Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia and Turkey

Cover image of A comparative analysis of non-discrimination law in Europe 2018

Published: January 2019

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More comparative analyses

Links

European Commission, DG Justice and Consumers
Tackling discrimination: http://ec.europa.eu/justice/discrimination/index_en.htm
Gender equality: http://ec.europa.eu/justice/gender-equality/index_en.htm

European Court of Justice
http://curia.europa.eu

European Court of Human Rights
http://www.echr.coe.int/Pages/home.aspx?p=home

European Committee of Social Rights
http://www.coe.int/t/dghl/monitoring/socialcharter/ecsr/ecsrdefault_EN.asp

Equinet - European network of equality bodies
If you consider that you have been a victim or a witness of an act of discrimination we would suggest that you contact the national equality body in your country of residence via the following link: http://www.equineteurope.org/-Equinet-Members-

More information is available here: http://equineteurope.org/-Are-you-a-victim-of-discrimination-

FRA - European Union Agency for Fundamental Rights
http://fra.europa.eu/en


 

About us

The European network of legal experts in gender equality and non-discrimination, established in December 2014, combines two previously existing networks: the European Network of Legal Experts in the Non-discrimination Field and the European Network of Legal Experts in the field of Gender Equality.

The gender equality network has a long history. It started in 1983, focussing on the implementation at national level of the series of directives that have been adopted since 1975 on equal treatment between women and men and on the cases on sex discrimination decided by the Court of Justice. With its experienced experts the network assisted the Commission in its task to monitor the correct implementation of the gender equality acquis communautaire. In 1983, only 6 Member States were participating in this network, in contrast to the 36 countries that are now included in the network.

The network of legal experts on non-discrimination was established in 2004 with the main aim to provide the Commission with independent advice on all the grounds of discrimination covered by Directive 2000/43/EC and Directive 2000/78/EC. The network was a follow-up to three separate networks, one of which dealt with racial or ethnic origin and religion or belief, one with disability and one with sexual orientation.

After a period of increasingly closer cooperation during the years 2012 - 2014 the gender equality and the non-discrimination networks merged into the current network covering all discrimination grounds in the EU Treaties.

The network ensures a regular overview of state of affairs regarding the transposition of EU equality and non-discrimination law on a country by country basis in the annual country reports and comparative analyses, whereas more recent reporting can be found in the legal developments section of the website and the key developments section of the bi-annual European Equality Law Review. Topical issues are addressed in article in the Equality Law Review and thematic reports that are published on the website and presented and discussed during the annual legal seminar.

The overall operation of the network is governed by Human European Consultancy, the School of Law of Utrecht University and the Migration Policy Group.

General coordination - Human European Consultancy

Position Name Email
General Coordinator Marcel Zwamborn
Project management assistant Ivette Groenendijk
Project management assistant Yvonne van Leeuwen-Lohde

Coordination gender equality - Utrecht University

Position Name Email
Specialist coordinator gender equality Linda Senden
Content coordinator for gender equality law Alexandra Timmer
Research editor gender equality law Franka van Hoof
Research editor gender equality law Raphaele Xenidis

Coordination non-discrimination - Migration Policy Group

Position Name Email
Specialist coordinator non-discrimination law Isabelle Chopin
Research editor non-discrimination law Catharina Germaine

Executive committee of senior experts

Position Name Email
Racial or ethnic origin Lilla Farkas
Age Elaine Dewhurst
Religion or belief Isabelle Rorive
Gender equality law Susanne Burri
Sexual orientation Peter Dunne
Disability Lisa Waddington
EU and human rights law Christopher McCrudden
Social security Frans Pennings
EU law and expertise on sex, gender identity and gender expression in relation to trans and intersex people Christa Tobler

 

Legal developments

New action plan to implement the National Strategy for People with Disabilities

Publication date: 21 January 2020. Topics

The Spanish Constitutional Court 91/2019, applies in a judgement of 3 July 2019, the ruling issued by the CJEU in the Villar Laiz case but limits its application only to future matters

Publication date: 21 January 2020. Topics

The Supreme Court of Spain has ruled in favour of an affirmative action by a university to grant senior professor positions to departments that have a lower percentage of women in these positions

Publication date: 21 January 2020. Topics

Refusal to admit mother wearing the Islamic veil for activities in class

Systemic racial discrimination in employment against undocumented foreign workers on a construction site

The bill contains the necessary legislative adjustments due to the Directive (EU) 2016/2102 on barrier-free access to the websites and mobile applications of public authorities

New government action plan for persons with disabilities is now made public

Publication date: 15 January 2020. Topics

Disability discrimination of pupils with dyslexia by schools (local governments)

Publication date: 6 January 2020. Topics

Age discrimination by a private association challenged before a civil court

Publication date: 4 December 2019. Topics

Discrimination on the ground of religion (Islamic Headscarf)

Reasonable accommodation at a municipal job centre

Publication date: 4 December 2019. Topics

The rights of Norwegian residents to export three types of social benefits i.e. sickness benefit, work assessment allowance and care allowance to other EEA countries has been wrongfully applied in Norway since 2012, when the Regulation 883/2004 was implemented into Norwegian law, possibly since the entry into the EEC agreement in 1994

The Constitutional Court has established that children with sufficient maturity and who are in a stable situation of transsexuality can request their change of sex and name in the civil registry. 

Publication date: 29 October 2019. Topics

Decision on the legality of a decision of local transport authorities to refuse access to special tariffs for the underprivileged to foreigners who do not hold residence permits

Unia will not remain the Inter-federal Centre for Equal Opportunities in the years to come

School principal asks a student to remove her headscarf or go home, causing an uproar in the community

Publication date: 22 October 2019. Topics

Gender Pay Gap

Publication date: 22 October 2019. Topics

National Action Plan for preventing intimate partner violence

Publication date: 22 October 2019. Topics

National Action Plan for preventing intimate partner violence

Publication date: 22 October 2019. Topics

Whether damages are payable to individual victims of educational segregation to compensate for the disadvantages they suffered as a result of the segregation

Ombudsman for the elderly for all sectors of society

Publication date: 3 October 2019. Topics

Network of CSOs working on discrimination published a comprehensive report on the work of the equality body since it was founded

Transitional provisions between old and new law left the country without an equality body in operation

Monitoring of discrimination cases concerning public and private sector on behalf of the competent Equality Body

Enforcement of the right to property and the applicability of the Article 8 proportionality assessment in case of illegal occupation of land by Roma

Is the fact that the law provides that there is no difference in the lump sum damages for direct and indirect discrimination, constitutional?

The transfer of the General Secretariat for Gender Equality from the Ministry of Interior to the Ministry of Labour undermines the implementation of substantive gender equality legislation and policies

Publication date: 28 August 2019. Topics

Promotion of equal opportunities, of conciliation between private and working life - tackling gender discrimination and gender violence in the Civil Service

Sexual harassment, employer’s duties to report on equality matters, strengthening of the Ombud’s authority to give guidance in cases on discrimination

Publication date: 7 August 2019. Topics

New provisions of the Penal Code on domestic violence

Publication date: 7 August 2019. Topics

Policy of University Eindhoven to appoint more women in academic positions

Publication date: 7 August 2019. Topics

ECRI criticises the new Ombudsman for insufficient activity in the field of promoting equality and protecting vulnerable groups

Whether differentiation in social benefits based on long-term illness constitutes discrimination

Whether harassing municipal practices targeting the Roma population amount to a violation of the Roma victims’ human dignity

Whether blocking access to LBGTQI-themed websites for employees constitutes discrimination

The Slovenian equality body with increased staff and budget

Home

Welcome!

In order to effectively promote equality and tackle discrimination in the European Union it is important to understand the effects of the EU's equal treatment and non-discrimination legislation.

The European Commission therefore set up the former network of legal experts in gender equality and the network on non-discrimination to support its work by providing independent information and advice on relevant developments in the Member States. The two networks were merged in December 2014 and are now jointly managed by Human European Consultancy, the Migration Policy Group (MPG) and Utrecht University (UU) on behalf of the European Commission.

A primary task of the European network of legal experts in gender equality and non-discrimination is to provide reliable, expert information to enable the Commission to fulfil their role as guardian of the treaties. The disclosure and gathering of information on gender equality and non-discrimination legislation, case law and developments at national level, that is often not easily accessible due to the specificities of national legal systems, language barriers and difficulties in finding relevant information, is therefore one of the key goals of the new network.

The dissemination of general information about the acquis (communautaire and national), the latest developments at the EU level and in the countries involved in the network, remains a vital issue both for the further implementation of gender equality and non-discrimination law and its further development. Only upon the basis of the disclosure of gender equality and non-discrimination problems persisting in the Member States and other countries involved in the network, will it be possible to develop sound policies and legal rules for remedying these.

On this website the network publishes information on developments in gender equality and non-discrimination law at the Member State and European level. More information can be found via our legal developments page and the individual country pages.

Go to the website of Utrecht University
Go to the website of the Migration Policy Group

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