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Equal Treatment of Male and Female Employees under European Community Law - Some Recent Case-law of the Court of Justice

Equal Treatment of Male and Female Employees under European Community Law - Some Recent Case-law... I. INTRODUCTION Up to now, a substantial number of cases on equal treatment of men and women has been brought before the Court of Justice, and this number is increasing. In this article, I shall try to trace the main lines of thought in the Court's case Paw. The following questions will be examined: (1) the elements of the notion of sex discrimination, (2) the different forms of discrimination which can be distinguished, (3) the delimitation of the scope of application of the various instruments in which the prohibition is laid down, (4) the prohibition of sex discrimination and its exceptions, (5) the legal protection against discrimination and more in particular, the sanctioning of discrimination and finally (6) the perspectives of the prohibition of indirect or material discrimination. Hn view of the broad scope of the prohibition of discrimination on grounds of sex and the multitude of instruments in which the matter has been laid down, a central theme had to be chosen in dealing with Article 119 of the EEC Treaty and the three EEC Directives. The key issue will be the notion of the legal term 'discrimination', its content in its different fields of application, and http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Legal Issues of Economic Integration Kluwer Law International

Equal Treatment of Male and Female Employees under European Community Law - Some Recent Case-law of the Court of Justice

Legal Issues of Economic Integration , Volume 13 (1) – Jan 1, 1986

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Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
0377-0915
Publisher site
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Abstract

I. INTRODUCTION Up to now, a substantial number of cases on equal treatment of men and women has been brought before the Court of Justice, and this number is increasing. In this article, I shall try to trace the main lines of thought in the Court's case Paw. The following questions will be examined: (1) the elements of the notion of sex discrimination, (2) the different forms of discrimination which can be distinguished, (3) the delimitation of the scope of application of the various instruments in which the prohibition is laid down, (4) the prohibition of sex discrimination and its exceptions, (5) the legal protection against discrimination and more in particular, the sanctioning of discrimination and finally (6) the perspectives of the prohibition of indirect or material discrimination. Hn view of the broad scope of the prohibition of discrimination on grounds of sex and the multitude of instruments in which the matter has been laid down, a central theme had to be chosen in dealing with Article 119 of the EEC Treaty and the three EEC Directives. The key issue will be the notion of the legal term 'discrimination', its content in its different fields of application, and

Journal

Legal Issues of Economic IntegrationKluwer Law International

Published: Jan 1, 1986

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