Toward the Implementation of Intersectionality in the European Multilevel Legal Praxis: B. S. v. Spain

Abstract

This article identifies the factors that contribute to the successful implementation of intersectionality in European multilevel legal praxis through the analysis of the case B.S. v. Spain. Combining critical legal analysis of the main judicial documents with qualitative methodology from political science based on in-depth interviews with key actors involved in the case, we uncover the obstacles and opportunities existing at the national and supra-national levels for the implementation of intersectionality. We decipher the factors contributing to the exceptional success of this case through the conjoint analysis of macro, meso, and micro levels. Our analysis shows that a combination of the legal provisions, paradigms and structures, the roles of the different actors involved, and the applicant's subjective position made it possible to put intersectionality in practice. This study provides novel empirical evidence that contributes to advancing the theoretical debate about intersectionality implementation in the multilevel European context.