THE PRINCIPLE OF EQUALITY IN THE COMMUNITY CONTEXT: P, GRANT, KALANKE AND MARSCHALL : FOUR UNEASY BEDFELLOWS?

摘要: The importance of the principle equality to legal order European Union has been underlined by four important but contradictory cases: P v. S; Grant South West Trains; Kalanke and Marschall. These cases demonstrate various attempts Court come terms with what is meant decide protection should be provided Community law. These, earlier cases, offer perspectives on equality. First, can seen as a rallying cry, political slogan little else. Second, societal goal, general aspirational citizenship which may serve inform specific legislative provisions, in particular non-discrimination, otherwise no force. Third, law designed limit activities legislature. Fourth, perhaps most radically, free-standing, fundamental right enforceable against Member States, like equal laws found Fourteenth Amendment US Constitution, even "private" employers. While it possible see elements first three Court's jurisprudence, not embraced fourth. article examines these developments considers how principles non-discrimination might developed future.