This short course offers introduction into the genesis and topical issues of EU non-discrimination law. Throughout four guest lectures students will learn about a wider spectrum of non-discrimination grounds and major theories of equality, underpinning this dynamic field of EU studies. Four classes (1.5 hours each) will be taught in two-day blocks.

The central notions (formal & substantial equality, direct & indirect discrimination, relevant comparator, affirmative action, etc.), primary & secondary law, as well as a historical account of the EU non-discrimination law (born from a tiny clause on gender equality), will be introduced in the first class. The second class will further explore the issue of sex discrimination as foundational for the evolution and current state of EU non-discrimination law. It will cover topics as diverse as equal pay, maternity leave and pregnancy, agendas of positive discrimination, sexual identity, harassment and victimization, etc. The third class will focus on the subsequent harmonization and extension of EU law to the grounds of sexual orientation, race, age, and religious beliefs. The fourth lecture will discuss the remaining Treaty ground of disability and the subsequent expansion of Article 19 TFEU in relation to its foundational paradigm of EU citizenship, fundamental rights in the Union and a wider governance of identity, drawing on the examples of linguistic rights and a right to name. In addition, students will be encouraged to reflect on the available avenues to mobilize EU law for the benefit of public interest litigation and broader social justice, including migrant rights, Roma rights, feminist and LGBT advocacy, NGOs supporting disabled people, etc. 

Students will learn about major primary, secondary and, most importantly, case law (judgments of the Court of Justice of the European Union) that currently endorse the discipline of EU non-discrimination law. General knowledge of EU integration and fluent command of English are sufficient prerequisites to follow this course. Apart from attending the classes, students are encouraged to read some basic instruments of secondary EU law (“non-discrimination directives”), selected judgments of the Court of Justice and academic literature. Upon completion of this course, students will be offered to resolve a task, a simulated non-discrimination case before the Court of Justice. In their exam answer, students are expected to mimic the logic of the Court from the cases discussed in class. Active class participation is encouraged.

Textbook

Damian Chalmers, Gareth Davies & Giorgio Monti, European Union Law, Cambridge University Press, 2010. – Chapter 13 “Equal Opportunities Law & Policy” (pp. 534-580).

Legal Sources

1. Treaty on the European Union (in particular, Article 6 TEU)
2. Treaty on the Functioning of the European Union (in particular, chapter II and Article 19 TFEU)
3. “Framework” Directive 2000/78/EC, “Race” Directive 2000/43/EC, “Equality” Directive 2004/113/EC.
4. Judgments of the Court of Justice of the European Union (CJEU), mentioned in the class descriptions above.