Reflexive Governance in EU Equality Law

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Nombre del producto:
Reflexive Governance in EU Equality Law
Fecha de edición:
4 nov. 2021
Número de Edición:
Lantschner, Emma
Lugar de edición:

The Covid-19 pandemic has revealed how far we as a European society still are from the proclaimed Union of Equality. The book explores how the promise of equal treatment can become a reality and compliance with the EU acquis relating to equality and non-discrimination can be improved. It studies enforcement and promotion aspects of the two watershed directives of 2000, the Racial Equality Directive 2000/43/EC and the Employment Equality Directive 2000/78/EC, through the lens of reflexive governance. This governance approach is proposed as having great potential in enhancing the likelihood of sustainability (or continuation) of reforms in the current candidate countries and EU Member States through its emphasis on reflexive learning processes and the cooperation between EU institutions, national authorities, and civil society actors.

In order to deploy this potential, there is, however, a need for more consistent and transparent monitoring, both with regard to candidate countries as well as old and new Member States, and a reconsideration of the understanding of monitoring as such. It should be seen as helping to deconstruct own preference-formations and as a possibility to learn from successes and failures in a cooperative and recursive process. To work on these lacunae and improve learning and monitoring processes, this book identifies indicators, that are deduced from the comparative review of the implementation practice of the member states. This book is thus a contribution to the existing literature in the fields of Europeanization, governance, and the right to equality and non-discrimination.

Part I - The relevance of reflexive governance for EU equality law
1:The development of the EU Non-Discrimination Regime
2:Theoretical foundations: Reflexive governance, EU enlargement process and non-discrimination
3:Indicators as tool for strengthened monitoring
Part. II - Pooling of results and development of indicators
4:Reaction to discrimination by judicial mechanisms. The Role of non-State actors in judicial dispute resolution
5:Reaction to discrimination by quasi- and non-judicial mechanisms: the equality bodies
6:Promotion of equality and prevention of discrimination

Emma Lantschner studied law in Innsbruck and Brussels and completed her PhD at the University of Graz. She worked as a researcher at the Institute for Minority Rights at EURAC Research in Bolzano (Italy). She advised the OSCE, the European Commission and the Council of Europe on minority issues and is currently associate professor at the University of Graz (Austria). She holds a venia docendi in public international law, with a focus on human rights and minority protection, in European and comparative constitutional law, and political science. Since June 2020, she is member of the Advisory Committee of the Framework Convention for the Protection of National Minorities in respect of Italy.

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