Laws on Discrimination and Justice in the EU
Laws against discrimination aim to achieve a more equal and just society. That sounds like nice idea. However, ensuring that those laws are practical, clear, precise, and do not have unjust side-effects is extremely difficult. This is a particular problem in the European Union. This supra-national community imposes laws on its member states, who in turn also have national laws. These two sets of laws may not clash with each other, and if they do, EU law takes precedence over national law. The first evident problem is therefore the conflict between EU law and national law. This conflict occurs on many different grounds, one of these being on grounds of discrimination. The EU strives for an equal and just society and therefore implements laws against discrimination. However, these laws are not only often inconsistent with national laws, but they are often impractical, unclear and sometimes even clash with what is trying to be achieved, namely equality. The second problem is therefore the conflict between discrimination laws and laws on equality and justice.
Equality, Justice, Discrimination and Law
In the eyes of the EU, equality is a fundamental right, a common value of the EU, and an essential condition for the achievement of the EU objectives of growth, employment and social cohesion. The EU has made considerable progress over the last decades in accomplishing equality for its entire population, especially because of equal treatment legislation and specific measures for the advancement of the discriminated. The legislation regarding equality is mainly made up of various Treaty provisions and Directives concerning access to employment, equal pay, parental leave, social security and occupational social security .
The ideas of equal treatment are extended to the concept of justice, in which everyone is entitled to justice according to EU law, and justice should be equal for everyone. The EU strives for justice...