Equality and the European Union Constitution

Posted: 29 Feb 2008

See all articles by Mark Bell

Mark Bell

Trinity College Dublin; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Abstract

The Constitution for the European Union adopted in June 2004 contains a variety of articles that relate to equality. These provisions are scattered across the different parts of the Constitution and equality emerges as simultaneously a value, an objective, a fundamental right, a positive duty and a legal competence. This article examines these multiple reference points in the light of three underlying themes. First, there is an analysis of the concepts of formal equal treatment and substantive equality. Secondly, the balance between negative duties to refrain from discrimination and positive duties to promote equality are considered. Finally, the challenge of ensuring equal protection whilst respecting and accommodating diversity is explored.

Suggested Citation

Bell, Mark, Equality and the European Union Constitution. Industrial Law Journal, Vol. 33, Issue 3, pp. 242-260, 2004, Available at SSRN: https://ssrn.com/abstract=915156

Mark Bell (Contact Author)

Trinity College Dublin ( email )

School of Law
College Green
Dublin, 2
Ireland

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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