Chapter

The Case Law of the Court of Justice of the European Union

Nicole Busby

in A Right to Care?

Published in print April 2011 | ISBN: 9780199579020
Published online May 2011 | e-ISBN: 9780191725296 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199579020.003.0006

Series: Oxford Monographs on Labour Law

The Case Law of the Court of Justice of the European Union

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This chapter considers the Court's jurisprudence in cases concerning the reconciliation of paid work and unpaid care. Its proactive stance in applying teleological reasoning to interpret the Treaties' provisions, criticised by some as judicial activism, is in fact the expression of a crucial function which ensures the effective operation of EU law. Whether the Court has always utilised its potential effectively in reconciling the personal and professional lives of claimants provides the main focus of the chapter which considers the specific issues with which it has been confronted and identifies the particular ideology underpinning its treatment of such cases. Where the Court has been faced with a range of possible conceptual tools, the application of which may produce different results, it is possible to ascertain whether certain principles have trumped others, for example, to prioritise market-making over the pro-regulatory stance necessary for the attainment of substantive equality.

Keywords: jurisprudence; teleological reasoning; market-making; equality

Chapter.  23000 words. 

Subjects: Employment and Labour Law

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