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Borderlines in Private Law

Edited by: William Day, Julius Grower
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EC Sex Equality Law 2nd ed

Evelyn EllisProfessor of Public Law

ISBN13: 9780198262244
ISBN: 0198262248
Published: June 2000
Publisher: Oxford University Press
Format: Hardback
Price: Out of print



This is the second edition of a well-received book in the Oxford European Community Law Series (General Editor: F.G. Jacobs, Advocate General, Court of Justice of the European Communities). The aim of the series is to publish important and original studies of the various branches of European Community Law. Each work provides a clear, concise, and critical exposition of the law in its social, economic, and political context, at a level which will interest the practitioner, the advanced student, and government and community officials.;This book is a detailed and critical examination of European Community sex equality law, as interpreted by the Court of Justice. It contains a thorough analysis of the basic principles of Community law in the context of sex equality claims and a comprehensive discussion of equal pay, equal treatment and equality in relation to social security. Since the publication of the first edition, the jurisprudence of the Court has developed apace and this fully revised and updated edition takes account of new case law and recent legislative changes. Of particular note are the developments in relation to claims for damages made by individuals against Member States, remedies available to successful sex discrimination claimants, the substance and scope of the concept of discrimination, pensions, pregnancy, and the impact of the law in the field of social security.;In the final chapter Ellis exposes the philosophy and objectives underlying equal treatment and she offers stimulating suggestions as to the direction which future legislative developments should take.;This eagerly-awaited new edition will be welcomed as a useful, up-to-date and fascinating analysis of an area of European law undergoing rapid evolution.

Contents:
1. Introduction:- The importance of EC law in the member states of the community; Forms of EC law; The nature and effects of EC law; The constitutional scope of EC law; 2. Equal Pay:- The origins and purposes of article 119; The meaning of pay; The meaning of equal work; The article 119 concept of discrimination; Defences to a discrimination claim; The effects of article 119 and the remedies for its breach; The equal pay directive; 3. Equal Treatment:- The general principle of equal treatment; The equal treatment directive; The pregnancy directive; The directive on parental leave; The framework agreement on part-time work; The directive on equal treatment of the self-employed; 4. Social Security:- The social security directive; 5. The Policy Underlying EC Sex Equality Law and Future Developments:- The importance of the concept of sex discrimination; The limitations on the potential of the non-discrimination principle to promote change; The required legal and strategic changes; Current proposals for reform and future developments