Chapter

Age Discrimination in Law and Policy: How the Equal Treatment Directive Affects National Welfare States

Deborah Mabbett

in Promoting Solidarity in the European Union

Published in print June 2010 | ISBN: 9780199583188
Published online September 2010 | e-ISBN: 9780191594502 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199583188.003.0010
Age Discrimination in Law and Policy: How the Equal Treatment Directive Affects National Welfare States

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This chapter examines how the European Court of Justice (ECJ) has navigated, or sometimes failed to navigate, a knotty problem in the application of equality laws. It discusses the ECJ's approach to the relationship between sex equality law and social policy. This is followed by an account of recent cases which take up the age discrimination provisions in the Framework Equal Treatment Directive (FETD). It shows that the ECJ steered itself into stormy waters in its early decision in Mangold, but has since tried to find a way out. In so doing, it might seem to have weakened the potential impact of the FETD. The final section considers whether and why this might be an appropriate outcome in light of the policy objectives of the Directive and the political conditions under which it was promulgated.

Keywords: European Court of Justice; equality laws; sex equality; social policy; Framework Equal Treatment Directive; non-discrimination law

Chapter.  8866 words. 

Subjects: Constitutional and Administrative Law

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