ECJ advances equality in Europe by giving horizontal direct effect to directives

Howard, Erica ORCID: https://orcid.org/0000-0003-0848-5033 (2011) ECJ advances equality in Europe by giving horizontal direct effect to directives. European Public Law, 17 (4) . pp. 729-743. ISSN 1354-3725 [Article]

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Abstract

In a large number of cases, the European Court of Justice (ECJ) has held that the principle of equality and non-discrimination is a general and fundamental principle of Community law, the observance of which the ECJ has to ensure. This article argues that the ECJ has, in a number of recent cases concerning the Equality Directives of 2000, taken further steps towards the development of this principle and has bestowed on these Directives horizontal direct effect based on the fact that they are specific expressions of the, both horizontally and vertically, directly effective principle of equality.

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