The Principle of Equality in EU Law
This book provides a comprehensive and updated legal analysis of the equality principle in EU law. To this end, it argues for a broad definition of the principle, which includes not only its inter-individual dimension, but also the equality of the Member
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Principle of Equality in EU Law
The Principle of Equality in EU Law
Lucia Serena Rossi • Federico Casolari Editors
The Principle of Equality in EU Law
Editors Lucia Serena Rossi Department of Legal Studies University of Bologna Bologna, Italy
Federico Casolari Department of Legal Studies University of Bologna Bologna, Italy
ISBN 978-3-319-66136-0 ISBN 978-3-319-66137-7 DOI 10.1007/978-3-319-66137-7
(eBook)
Library of Congress Control Number: 2017956118 © Springer International Publishing AG 2017 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Preface and Acknowledgments
This book discusses what are currently the most challenging implications and dimensions of the principle of equality in the European Union (EU). In all democratic systems the principle of equality forms the basis of every contemporary social contract and is also a cornerstone of the European integration process.1 In the EU’s legal order, the principle applies both to relations between the Union and its Member States and to relations between the EU and individuals. It is a multifaceted principle, having several corollaries and different dimensions. In relations between the Union and Member States its formal dimension means equality before the EU Treaties and is bound up with the principle of loyal cooperation, while its substantive meaning is tied to other principles, such as solidarity, effet utile, and territorial and social cohesion. In relations among individuals it applies to the wide and consequential domain of fundamental rights, finding significant support in the EU Charter of Fundamental Rights, in the Treaties, and in the case-law of the Court of Justice o
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