The theory of ordoliberalism and the principle of non-discrimination in EU law: implications for the Member States on the example of Polish Labour Code (original) (raw)
Related papers
2018
The principle of non-discrimination lies at the heart of the socio-economic order of the EU, the main parameters of which are sustainable economic growth, price stability, a highly competitive social market economy aiming at full employment and social progress, inclusion and social cohesion, non-discrimination, including equality between women and men and social justice (TEU: art. 3.3). Therefore, the prohibition of discrimination becomes a sine qua non condition for achieving EU treaty goals, strongly correlated with the theory of ordoliberalism. The aim of the article is to analyse the normative way of securing the principle of non-discrimination in EU law in the perspective of ordoliberalism and its implications for Polish law. The authors intend to answer the research question about the extent to which ordoliberal theory had an impact on the development of the principle of non-discrimination, understood as a subjective right to equal treatment, regardless of individual characteristics, other than nationality, through the comparison of relevant provision of EU law and the Polish Labour Code.
Polish National Debates on Equality in the Context of EU Compliance
www-personal.umich.edu
Equality versus difference" has figured prominently in late 20 th century feminist debates, particularly the role of the nation-state as the (re)distributor of resources and public goods, and the guarantor of rights. But the nation-state is no longer solely responsible for this. In an increasingly regionalized, even globalized, world, supranational formations such as the EU have significant authority over this (re)distribution, thereby becoming part of the equality versus difference calculus. This paper is an analysis of how the EU's requirements for compliance with the gender equality directives affected national-level debates in post-socialist Poland prior to accession (1997)(1998)(1999)(2000)(2001)(2002)(2003)(2004). Through a detailed content analysis of several key legislative debates and media-based discussions, I will demonstrate how, in the Polish case, debates about equality were simultaneously enabled and constrained by the pressure of EU compliance. 1995; O'Connor, Orloff, and Shaver 1999; Brown 1992). Feminist researchers and theorists, from both within Central and Eastern Europe and beyond, have also actively engaged with these same questions in relation to the post-socialist transition, interrogating how forces of democratization and marketization have affected women and worked for or against gender equality (Funk and Mueller 1993; Drakulic 1998; Watson 2000).
The article provides an illustration of the EU antidiscrimination law through analysis of the concept of equality in the EU legal system. The analysis concentrates on the notion of equality and non-discrimination with respect to six protected characteristics (sex/gender, age, disability, racial and ethnic origin, religion/belief and sexual orientation) in the EU primary and secondary law as well as in the doctrine. It pays specific attention to the relevant case law of the Court of Justice of the European Union. The equality principle has longstanding roots, plays different roles in the EU legal system and has undergone the evolutionary change from market-oriented rule to the general principle of EU law. The article seeks to draw out the fact that thanks to the excessive interpretation of the concept of equality by the CJEU the Union antidiscrimination law has evolved into an independent set of legal norms. The result is the extension of the protection against discrimination beyond the concept of the EU citizenship; though, it still requires further development to be fully effective.
Ethical Fundaments of European Policies on Equal Treatment
European Journal of Law and Public Administration, 2015
Equality doesn't mean identity, but similarity in at least one of the domains of categorization. Referring to the gender inequalities, these developed from the preconceived idea of superior importance of masculinity, given by the numerical and historical experience of their participation in confrontations, and implicitly as male preponderance in the dominant areas of society. The essence of prescriptive equality is that of equality before the law. The political theory and the egalitarian philosophies focus on identifying reasonable principles that once elected, constitute the fundament of a public agreement on common good, and which are beyond the different positions in which they are participants. In the content of the paper, we examined a series of references to some of the most important acts that govern the equal treatment in the fields of work and wages in the EU.
Equality in the European Union
Equality in the European Union, 2015
Gender equality is a vital aspect of the European integration process. Although specific legislation concerning gender issues was included in the establishing Treaties, in the Charter of fundamental rights and in a dozen other directives, non-discriminatory principle has also been strengthened by the jurisdiction of the Court of Justice of the European Union which formed a judgment in more than 200 cases. Nowadays, the EU equality legislation has moved far beyond basic gender issues, and this is also discussed in the article. It focuses not only on the fundamentals of EU legislation concerning gender equality but also on the level of its implementation and its most important limitations. Such considerations are broadened by a discussion on the EU actions which may be also treated as the implementation of non-discriminatory legislation.
The Impact of EU Law on Hungarian Anti-Discrimination Law in Employment
ELTE Law Journal, 2018
The purpose of this study is to give an overview of the impact of EU law on some specific aspects of equal treatment in Hungarian labour law. In Section II, a short description is given on the main features of relevant EU and national legislation. In Section III the current status of national implementation of EU law is analysed concerning a central instrument of national equality law, i.e. the rules on burden of proof. The main developments of the case law of Hungarian courts is followed up; this was recently summarised and evaluated by the Case Law Analysing Group of the Kúria appointed to scrutinise the judicial practice of equal treatment regulation in the field of labour law. In Section IV, it is evaluated how far Hungarian labour law has come in the implementation process over the past 15 years in the analysed fields, and which challenges have to be addressed in the forthcoming 15 years.
Europeanisation of Polish Law Following Poland’s Accession to the European Union
Studia Iuridica, 2017
The article concerns primarily the effects of the membership of the European Union on national (Polish) law and, to a limited extent, on the political system of a state. The conclusions presented in the article are of universal value. Although the article deals with Polish affairs, the principles, tendencies and consequences identified are typical of the relationship state – the EU, both before and after accession, regardless of the state concerned. It should be, however, noted that the path to membership and the membership itself are different in each case. The practice of the Polish membership of the European Union, its systemic dimension and the changes in the national legal system (Europeanisation) do not differ significantly than in the case of other Member States. Europeanisation of Polish law, politics, economy, culture and society has been in progress since the 1990s. One can differentiate between two stages of Europeanisation: before and after Poland’s EU accession, each ch...
The Concepts of Equality and Non-Discrimination in Europe: A Practical Approach
Equality and non-discrimination are complex concepts, with considerable debate on their meanings and justification. The discussion of equality and discrimination is, in general, characterised by considerable conceptual and methodological confusion. This is no different in relation to the discussion of equality and discrimination in the European legal context, including in the context of EC law. Although there is agreement on the most elementary principles, in practice a wide range of approaches is often adopted by, for example, the European Court of Justice and the European Court of Human Rights. Similarly, despite there being many common definitions of the central concepts of gender equality law in the EU Member States and EEA countries, there is a fair chance that the concepts are understood and applied differently and that confusion also exists here. This Report provides, in the first place, an analysis of the concept of equality and related notions in EC law, in particular in th...