Skip to search boxSkip to navigationSkip to main content

The development of age and disability equality within the European Union: the Court of Justice and the (mis)implementation of EU general principles

Research Output: Contribution to journal Article Peer-review

Open access

Abstract

Over the years, EU general principles have proven to be an essential source of protection of equality. The approach followed by the European Court of Justice has made general principles one of the most effective sources of law towards the goal of expanding the protection of equality and improving its enforcement. Against this backdrop, the article argues that some recent decisions in the fields of disability and age discrimination challenge the merits of such approach and eventually disclose its shortcomings. The ruling in Kaltoft shows at time a lack of consistency of the CJEU case-law and a far too discretional reasoning, while Dansk Industri and Parris demonstrate that the Court’s arbitrary approach has the capacity to ultimately jeopardise the effective and fair enjoyment of equality as an individual right.

Publication Information

Output type

Research Output: Contribution to journal Article Peer-review

Original language

English

Pages from-to (Number of pages)

Pages 979-998

Journal (Volume, Issue Number)

Diritto Pubblico Comparato ed Europeo (Volume 4)

Publication milestones

  • Accepted/In press - 20/05/2019
  • Published - 01/12/2019

Publication status

Published - 01/12/2019

ISSN

1720-4313

External Publication IDs

  • handle.net: 10547/623329
  • Scopus: 85088987905

Access to documents

Publication metrics

Metrics

Download statistics
Download count
4