Tag Archives: national courts

EU Non-Discrimination Law in the Courts. Approaches to Sex and Sexualities Discrimination in EU Law

By Dr Jule Mulder, Lecturer in Law (University of Bristol Law School).

img_6534In January 2017, my first monograph entitled EU Non-Discrimination Law in the Courts will be published with Hart Publishing/Bloomsbury. The monograph compares the Dutch and German application of EU non-discrimination law focusing on discrimination on grounds of sex and sexual orientation. It includes an analysis of the case law on direct as well as indirect discrimination and covers the cases which are linked to Article 157 TFEU, the Framework and Recast Directives (excluding equal pay for equal value and social security law).

Since the year 2000, the material and personal scope of EU non-discrimination law has been significantly broadened and has challenged national courts to introduce a comprehensive equality framework into their national law to correspond with the European standard.

The book provides a multi-layered culturally informed comparison of juridical approaches to EU (in)direct sex and sexualities discrimination and its implementation and application in Germany and the Netherlands. It examines how and why national courts apply national non-discrimination law with a European origin differently, although the legislation derives from the same set of EU law and the national courts have to respect the interpretive competence of the Court of Justice of the European Union. As such, it provides an in-depth analysis of the national legal and non-legal context which influences and shapes the implementation and application of non-discrimination law and reveals how some of these factors affect the interpretation and application of national non-discrimination law with a European origin. Continue reading

When is an applicant an applicant? — About the potential abuse of non-discrimination law, ‘Equality Law-Hoppers’ and the EU equality law directives

By Dr Jule Mulder, Lecturer in Law (University of Bristol Law School).

sparbuch-DW-WebWelt-SchwerinIn its Kratzer judgment of 28 of July 2016,[i] the Court of Justice of the European Union (CJEU) responded to the German Federal Labour Court’s preliminary reference concerned with the question what qualities are required to be an applicant who seeks access to employment, to self-employment or to occupation within the meaning of Article 3(1)(a) of the Framework Directive 2000/78/EC and Article 14(1)(a) Recast Directive 2006/54/EC. In it, the CJEU essentially rules that unserious applicants who do not actually seek employment but only apply for the purpose of claiming compensation do not fall under the scope of the directives and their respective articles. The case does not mention Article 3(1)(a) Race Directive 2000/43/EC but there is no reason to believe the conclusion would be any different regarding its application to employment and occupation.

The brief judgment, which was decided without prior opinion of the Advocate General, is unlikely to stir-up the European-wide debate on equality and non-discrimination law and may seem all too obvious to many commentators. However, for the German legal context, the judgment is very significant because it approves the national courts’ case law on the so called Equality Law-Hoppers (AGG-Hoppers) and leaves significant discretion to the national courts to counteract apparent as well as alleged abuses of the General Equal Treatment Act (Allgemeine Gleichbehandlungsgesetz, hereafter AGG)[ii] implementing the EU equality directives. Continue reading