Title The European Union as protector and promoter of equality / Thomas Giegerich, editor

Published Cham : Springer, 2020

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Description 1 online resource Series European Union and its neighbours in a globalized world, 2524-8928 European Union and its neighbours in a globalized world. Contents Intro -- Contents -- Introduction: Is the European Union a Credible Protagonist of Equality in Europe and the Wider World? -- 1 Equality as Part of the Unionś Founding Narrative -- 2 Has the EU Done All It Can to Combat Discrimination Within the Union? -- 3 Have the EU and Member States Done All They Can to Promote Human Rights Treaties Which Prohibit Discrimination? -- 4 The Unionś Way Ahead Towards a More Equal, Equitable and Peaceful World -- References -- Part I: Equality as a Fundamental Value of the EU -- Are Equality and Non-Discrimination Part of the EUś Constitutional Identity? 1 Introduction -- 2 The Principle of Equality as Constitutive Value of EU Law -- 2.1 Emanations of the Principles of Equality and Non-Discrimination in Primary EU Law -- 2.2 Content of Equality as a Constitutional Value -- 3 Equality in the European ̀̀Private Law Constitution ́́ -- 4 Justification for Unequal Treatment -- 5 Legal Consequences of Violations -- 6 Conclusion -- References -- Equality and Non-Discrimination as an Integral Part of the EU Constitutional Identity -- 1 Introduction -- 2 Disputable EUś Constitutional Nature -- 3 EUś Constitutional Identity 4 The Constitutional Identity of EU Member States as a Reaction to the EU Extension of Powers -- 4.1 The Founding Treaties -- 4.2 Case Law of the Constitutional Courts -- 4.3 The EU Constitutional Identity and the Progressive Constitutionalization of the EU -- 4.3.1 European Identity -- 4.3.2 The Emergence and Development of the EU Constitutional Identity -- 5 Equality and Non-discrimination as an Essential Element of the EU Constitutional Identity -- 5.1 Some Remarks on the Definition of Equality and Non-discrimination in EU Law 5.2 Brief Overview of the Evolution of Equality and Non-discrimination in EU Law -- 5.3 Role Played by Equality and Non-discrimination in the European Constitutionalism -- 6 Some Concluding Remarks -- References -- The Political Dimensions of Equality in the European Union: Equality of Union Citizens and Equality of Member States in a Supr ... -- 1 Introduction: The Civil and Political Dimensions of Human Equality as Reflected in the Universal Declaration of Human Rights -- 2 Global International Law Background: Equality of Individuals, Peoples and States 2.1 Three Organisational Levels of Equality in the Triad of Citizens, Peoples and States -- 2.2 External and Internal Dimension of the Right of Self-Determination: The Rights to Sovereign Statehood and Democracy -- 2.3 Sovereign Equality as an Instrument to Protect and Empower Small Peoples and Their Individual Members -- 2.4 The Incomplete Transformation of International Law Into a Law of Humankind -- 2.5 Institutional Structure of Intergovernmental Organisations: International Parliamentary Assemblies with Particular Emphasi .. Summary This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles Subject Equality before the law -- European Union countries Equality -- European Union countries Human rights. Politics & government. International human rights law. Law -- International. Political Science -- Public Policy -- Social Policy. Equality Equality before the law European Union countries Genre/Form Electronic books Form Electronic book Author Giegerich, Thomas ISBN 9783030437640 3030437647

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