The chapter focuses on the role of the European Union’s general principles of equal treatment in the field of non-discrimination law in the context of EU-Directives 2000/43 and 2000/78.
This chapter takes a closer look at the productive partnership between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) and asks whether the existing... Show moreThis chapter takes a closer look at the productive partnership between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) and asks whether the existing legal framework guarantees the endurance of the cooperative dialogue between both courts. First, it summarizes the ground rules of their symbiosis, going over the status of the European Convention on Human Rights in EU law and the ECtHR’s recognition of the EU’s legal personality. Then, it briefly addresses the impact of the CJEU's Opinion 2/13 on the EU’s accession to the Convention before exploring, in section 3, the many forms that the judicial dialogue between the CJEU and the ECtHR has taken over the years and discussing the influence of the jurisprudence of one over the other. A final part asks whether it is possible to move beyond labels of comity and identify a legal duty for both courts to cooperate. Show less
This chapter describes the nature of EU law as well as the ways in which several unique characteristics of EU law were vital for effective EU integration. This supports a comparative analysis of... Show moreThis chapter describes the nature of EU law as well as the ways in which several unique characteristics of EU law were vital for effective EU integration. This supports a comparative analysis of EAC law, and discusses the question if other forms of regional integration need similar doctrines to be effective. Show less
This chapter discusses the external dimension of the EU, including its gradual evolution over time and the legal doctrinese developed by the CJEU to gradually develop a more extensive external... Show moreThis chapter discusses the external dimension of the EU, including its gradual evolution over time and the legal doctrinese developed by the CJEU to gradually develop a more extensive external competence Show less
This chapter discusses the gradual development of general principles in EU law, including fundamental rights, and the central role they played in the evolution of EU law. This provides a basis for... Show moreThis chapter discusses the gradual development of general principles in EU law, including fundamental rights, and the central role they played in the evolution of EU law. This provides a basis for the discussion of possible future evolutions of general principles in EAC law. Show less
