ECJ Judgment Research Articles

Positive Action before the European Court of Justice — New Conceptions of Equality in Community Law? From Kalanke and Marschall to Badeck

The ECJ's judgement in Badeck is the third on the admissibility of positive action measures under Community Law. The measures, at issue in all three cases, instituted positive action to combat gender discrimination in public employment in Germany. In the near future, the Court will rule on a claim instituted against a positive action measure used in Swedish Universities (Case C-407/98, Abrahamsson and others). Thus, this debate will soon lose its Germanic taste. This comment analyses the new decision and discusses the conception of equality which might be inferred from all the judgements.

HUSM-28 Anti-GP

HybridomaVol. 17, No. 1 HUSM-28 Anti-GPPublished Online:25 Apr 2009https://doi.org/10.1089/hyb.1998.17.95AboutSectionsPDF/EPUB ToolsPermissionsDownload CitationsTrack CitationsAdd to favorites Back To Publication ShareShare onFacebookTwitterLinked InRedditEmail "HUSM-28 Anti-GP." , 17(1), p. 95FiguresReferencesRelatedDetailsCited byBusiness and Human Rights at the UN29 April 2016Forum Shopping Between Unclos Arbitration and EC Adjudication – And the Winner - Should Be - the ECJ! (Commission of the European Communities versus Ireland, ECJ Judgment of 30th May 2006, C-459/03)SSRN Electronic JournalExtradition in a Time of Transition, with Special Reference to Crimes Involving Chemical Weapons Volume 17Issue 1Feb 1998 To cite this article:HUSM-28 Anti-GP.Hybridoma.Feb 1998.95-95.http://doi.org/10.1089/hyb.1998.17.95Published in Volume: 17 Issue 1: April 25, 2009PDF download