Offering an alternative exploration of the Court of Justice of the European Union (CJEU) and its work, this book aims to start a conversation between legal, political and gendered examinations of the Court of Justice and some of the substantive areas of law it is concerned with. In doing so, it provides a broader and more holistic view of the Court and its work which can add to our understanding of the institution, its role and its case law as well as the contribution it can and does make to shaping law and policy and EU and national level.
The equality jurisprudence of the Court of Justice of the European Union has long drawn criticism for its almost total reliance on Aristotle’s doctrine that likes should be treated like, and unlikes unlike. As has often been shown, this is a blunt tool, entrenching assumptions and promoting difference-blindness: the symptoms of simplicity. In this book, Richard Lang proposes that the EU’s judges complement the Aristotelian test with a new one based on Michael Walzer’s theory of Complex Equality, and illustrates how analysing allegedly discriminatory acts, not in terms of comparisons of the actors involved, but rather in terms of distributions and meanings of goods, would enable them to reach decisions with new dexterity and to resolve conflicts without sacrificing diversity.
In May 2004, after bringing their legislation into accordance with EU regulations, ten more countries joined the European Union. The contributors to this volume assess the impact of this historical development on gender relations in the new and old EU member states. Instead of focusing on either western or eastern Europe, this book investigates the similarities and differences in diverse parts of Europe. Although initially limited, gender equality was part of the original framework of the European Union, an organization often more open than national governments to feminist demands, as this volume illustrates with case studies from eastern and western Europe. The enlargement process thus provides some important policy instruments for increasing equality between men and women.
This Handbook maps the expanding field of gender and EU politics, giving an overview of the fundamentals and new directions of the sub- discipline, and serving as a reference book for (gender) scholars and students at different levels interested in the EU. In investigating the gendered nature of European integration and gender relations in the EU as a political system, it summarizes and assesses the research on gender and the EU to this point in time, identifies existing research gaps in gender and EU studies and addresses directions for future research. Distinguished contributors from the US, the UK and continental Europe, and from across disciplines from political science, sociology, economics and law, expertly inform about gender approaches and summarize the state of the art in gender and EU studies. The Routledge Handbook of Gender and EU Politics provides an essential and authoritative source of information for students, scholars and researchers in EU studies/ politics, gender studies/ politics, political theory, comparative politics, international relations, political and gender sociology, political economy, European and legal studies/ law.
This volume is the first comprehensive analysis of women's ascendance to leadership positions in the European Union as well as their performance in such positions. It provides a new theoretical and analytical framework capturing both positional and behavioural leadership and the specific hurdles that women encounter on their path to and when exercising leadership. The volume encompasses a detailed set of single and comparative case studies, analyzing women's representation and performance in the core EU institutions and their individual pathways to and exercise of power in top-level functions, as well as comparative analyses regarding the position and behaviour of women in relation to men. Based on these individual studies, the volume draws overarching conclusions about women's leadership in the EU. Regarding positional leadership, women continue to be underrepresented in leadership positions, they more often hold less prestigious portfolios in such positions, and manifold structural hurdles hamper their access to power. Furthermore, huge variations exist across EU institutions, with the intergovernmental bodies being the hardest to access. Regarding behavioural leadership, women acting in powerful EU positions generally perform excellently. They successfully exercise a combined leadership style that integrates attributes of leadership considered to be 'masculine' and 'feminine'. This is not to argue that women per se are the better leaders. Yet more often than men they are exposed to stronger selection processes and their prevalent practice of a combined leadership style tends to best meet the requirements of modern democratic systems and particularly those of the highly fragmented EU.
"Violence against women undermines women's core fundamental rights such as dignity, access to justice and gender equality. For example, one in three women has experienced physical and/or sexual violence since the age of 15; one in five women has experienced stalking; every second woman has been confronted with one or more forms of sexual harassment. What emerges is a picture of extensive abuse that affects many women's lives but is systematically underreported to the authorities. The scale of violence against women is therefore not reflected by official data. This FRA survey is the first of its kind on violence against women across the 28 Member States of the European Union (EU). It is based on interviews with 42,000 women across the EU, who were asked about their experiences of physical, sexual and psychological violence, including incidents of intimate partner violence ('domestic violence'). The survey also included questions on stalking, sexual harassment, and the role played by new technologies in women's experiences of abuse. In addition, it asked about their experiences of violence in childhood. Based on the detailed findings, FRA suggests courses of action in different areas that are touched by violence against women and go beyond the narrow confines of criminal law, ranging from employment and health to the medium of new technologies."--Editor.
The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.
The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age. Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five 'newer' grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and – it is hoped – future of EU anti-discrimination law as, despite all the flaws in the Union's 'Garden of Earthly Delights', it offers one of the highest standards of protection in comparative anti-discrimination law.
This collection of essays originated in a series of seminars given at the summer courses of the Academy of European Law at the European University Institute, Florence in 1999.
