The European Union Antidiscrimination Law: from Prohibition of Wage Discrimination to the General Principle of Equality
Authors
Aleksandra Szczerba-Zawada
Jacob of Paradies University in Gorzów Wielkopolski, szczerba.aleksandra@gmail.com
- Volume 1 Issue (2) 2017
Pages
61-83
Abstract
The article provides an illustration of the EU antidiscrimination law through analysis of the
concept of equality in the EU legal system. The analysis concentrates on the notion of equality
and non-discrimination with respect to six protected characteristics (sex/gender, age, disability,
racial and ethnic origin, religion/belief and sexual orientation) in the EU primary and secondary
law as well as in the doctrine. It pays specific attention to the relevant case law of the Court
of Justice of the European Union. The equality principle has longstanding roots, plays different
roles in the EU legal system and has undergone the evolutionary change from market-oriented
rule to the general principle of EU law. The article seeks to draw out the fact that thanks to the
excessive interpretation of the concept of equality by the CJEU the Union antidiscrimination law
has evolved into an independent set of legal norms. The result is the extension of the protection
against discrimination beyond the concept of the EU citizenship; though, it still requires further
development to be fully effective.