Navigating Multi-Layered Uncertainty: EU, Member State and Organizational Perspectives on Positive Action
EQUALITY, INEQUALITIES AND DIVERSITY - FROM GLOBAL TO LOCAL, G. Healy, G. Kirton & M. Noon, (eds), 2010
20 Pages Posted: 18 Jan 2010
Date Written: January 18, 2010
In this chapter I investigate the operation of multi-layered, interlocking power to regulate positive action in the EU and its Member States. First I analyze EU law to tease out its uncertainties on this topic. Secondly, I use recent experience in the UK as a case study to show the impact that the resultant uncertainty can have on Member States wanting to relax legal constraints on positive action, and, by extension, on organizations wishing to take advantage of such latitude. My conclusion is that the existing EU legal framework needs much more clearly to articulate its vision about the limits of permissible positive action. Until such clarification occurs, I contend, the regulatory system will impair the potential in the EU for positive action optimally to be deployed to promote equality or social justice.
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