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Enforcing the EU's Rights Revolution: The Case of Equality

  • The last 10 years of EU integration has seen a “rights revolution”, at least in so far as fundamental rights are increasingly the register through which legal conflicts in the EU are articulated. But how are EU fundamental rights enforced in a legal order where enforcement relies upon the navigation of multiple institutions and levels of law? This article will seek to clarify this question, using the example of equality law to explore the various remedies available under EU law to enforce EU fundamental rights, and analysing their various strengths and weaknesses. The article will argue that while EU law has considerably enhanced the possibilities for individuals and groups to challenge breaches of fundamental rights to equality, the system of remedies provided by EU law has serious weaknesses. First, the autonomy provided by EU law for domestic orders to develop their own remedies and rules of access creates significant discrepancies in enforcing fundamental rights across the Member States. Secondly, the enforcement of EU equality law remains primarily based on individual litigation both leaving “gaps” in protection for vulnerable groups and making it difficult to address “systemic” problems of discrimination. The EU’s “rights revolution” both provides legal and political opportunities for social actors while also challenging the EU’s existing system of judicial remedies.

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Metadaten
Document Type:Article
Language:English
Author(s):Mark DawsonORCiD, Elise Muir, Monica Claes
Parent Title (English):European human rights law review
ISSN:1361-1526
Publisher:Sweet and Maxwell
Place of Publisher:London
Publication year:2012
First Page:276
Last Page:291
Release Date:2015/03/25
Tag:Discrimination; EU law; Enforcement; Equal treatment; Fundamental rights
Volume:2012
Issue:3
Licence of document (German):Metadaten / metadata
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