EC Sex Equality Law

by Ellis, Evelyn

• ISBN13: 9780198262244
• ISBN10: 0198262248
• Edition: 2nd
• Format: Hardcover
• Copyright: 1998-12-03
• Publisher: Oxford University Press

Summary

This is the second edition of a well received book in the Oxford European Community Law Series . Evelyn Ellis's book is a detailed and critical examination of European Community sex equality law, as interpreted by the European Court of Justice. It contains a thorough analysis of the basic principles of Community law in the context of sex equality claims and a comprehensive discussion of equal pay, equal treatment and equality in relation to social security.

Table of Contents

General Editor's Foreword	vii	(2)
Preface	ix
Chapter 1: Introduction	1	(58)
The Importance of EC Law in the Member States of the Community	1	(3)
Forms of EC Law	4	(7)
The Nature and Effects of EC Law	11	(46)
The Supremacy of EC Law	12	(7)
Direct Enforcement of EC Law by Individuals	19	(1)
(i) Origins of the principle	19	(2)
(ii) Direct enforcement of secondary EC legislation	21	(7)
(iii) Directives and horizontal effect	28	(6)
(iv) Meaning of the `State'	34	(5)
(v) Mitigating the lack of horizontal enforceability of directives	39	(9)
(vi) The need to implement directives	48	(1)
(vii) The principle of procedural autonomy	49	(4)
(viii) Balancing the claims of national law and EC law	53	(4)
The Constitutional Scope of EC Law	57	(2)
Chapter 2: Equal Pay	59	(109)
The Origins and Purposes of Article 119	59	(5)
The Meaning of `Pay'	64	(38)
Are Pensions `Pay' within Article 119?	69	(8)
The Principle of Equality as applied to Pensions	77	(10)
The Occupational Social Security Directive	87	(9)
Other Statutorily Regulated Payments Made by Employers to their Employees	96	(4)
Are all Employment Benefits `Pay'?	100	(2)
The Meaning of `Equal Work'	102	(7)
Work of Equal Value	107	(2)
The Article 119 Concept of `Discrimination'	109	(15)
Defences to a Discrimination Claim	124	(13)
Can Direct Discrimination be Justified?	134	(3)
The Effects of Article 119 and the Remedies for its Breach	137	(9)
The Equal Pay Directive	146	(22)
The Background to the Equal Pay Directive	146	(1)
The Relationship Between the Directive and Article 119	147	(2)
Content of the Equal Pay Directive	149	(19)
Chapter 3: Equal Treatment	168	(104)
The General Principle of Equal Treatment	168	(22)
General Principles as part of EC Law	168	(8)
The Role Played by General Principles of EC Law	176	(5)
The General Principle of Non-Discrimination on the Ground of Sex	181	(9)
The Equal Treatment Directive	190	(71)
Background to the Instrument	190	(1)
Substantive Rights Conferred by the Directive	191	(41)
Exceptions to the Principle of Equal Treatment Permitted by the Directive	232	(12)
Positive Action	244	(17)
The Pregnancy Directive	261	(4)
The Directive on Parental Leave	265	(1)
The Directive on Part-Time Work	266	(2)
The Directive on Equal Treatment of the Self-Employed	268	(4)
Chapter 4: Sex Equality in Social Security	272	(49)
The Social Security Directive	272	(49)
Scope of the Social Security Directive	272	(4)
Substantive Rights Conferred by the Directive	276	(32)
Exceptions to the Social Security Directive	308	(13)
Chapter 5: The Policy Underlying EC Sex Equality Law and Future Developments	321	(16)
The Importance of the Concept of Sex Discrimination	321	(1)
The Limitations on the Potential of the Non-Discrimination Principle to Promote Change	322	(3)
The Required Legal and Strategic Changes	325	(6)
Current Proposals for Reform and Future Developments	331	(6)
Bibliography	337	(15)
Index	352