Between social policy and Union citizenship: the Framework Directive on equal treatment in employment

WHITTLE, R. and BELL, M. (2002). Between social policy and Union citizenship: the Framework Directive on equal treatment in employment. European law review, 27 (6), 677-691.

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Abstract

In December 2000, the Council adopted the Framework Directive forbidding discrimination on grounds of religion or belief, disability, age and sexual orientation in the field of employment. The Directive adopted Article 13 EC as its legal basis. However, there are strong arguments suggesting that this was not the correct choice of legal basis; in particular, the Social Chapter of the EC Treaty (Title XI) provided an alternative legal foundation, including different legislative processes (co-decision and the social dialogue). This article first examines the legal grounds requiring a different legal basis for the Directive and then explores the wider political imperatives that may explain the preference of the EU institutions for relying instead on Article 13 EC.

Item Type:	Article
Additional Information:	The article was published in European law review, Vol.27(6), 2002 by Sweet & Maxwell
Research Institute, Centre or Group - Does NOT include content added after October 2018:	Law Research Group
Page Range:	677-691
Depositing User:	Ann Betterton
Date Deposited:	30 Oct 2008
Last Modified:	18 Mar 2021 13:52
URI:	https://shura.shu.ac.uk/id/eprint/685

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