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National Equality Bodies & CJEU Proceedings

National Equality Bodies & CJEU Proceedings. Reference procedure (1). Any national court or tribunal of a Member State may refer questions on the interpretation of EU law to the CJEU for a preliminary ruling if they find it necessary to give a judgement (TFEU art. 267).

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National Equality Bodies & CJEU Proceedings

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  1. National Equality Bodies &CJEU Proceedings Nanna Margrethe Krusaa Brussels 28.3.2012

  2. Reference procedure (1) Any national court or tribunal of a Member State may refer questions on the interpretation of EU law to the CJEU for a preliminary ruling if they find it necessary to give a judgement (TFEU art. 267) Nanna Margrethe Krusaa Brussels 28.3.2012

  3. Reference procedure (2) • Established by law? • Permanent? • Compulsory jurisdiction? • Inter partesprocedure? • Apply rule of law? • Independent? Nanna Margrethe Krusaa Brussels 28.3.2012

  4. Reference procedure (3) • None of the equality bodies with power to make legally binding decision have referred a question to the CJEU (Equinet report 2010, Influencing the law through legal proceedings - the powers and practices of equality bodies) Nanna Margrethe Krusaa Brussels 28.3.2012

  5. Impactthe Ruling(1) Party to national proceedings • representing individuals • class actions • taking legal action in own name • interventions Nanna Margrethe Krusaa, Brussels 28.3.2012

  6. Impactthe ruling(2) The majority of equality bodies have some power to participate in legal proceedings • approx. 50% of equality bodies with power to represent individuals in legal proceedings did not make use of this power in 2008-2009 • more than 50% of equality bodies did not make use of their power to take legal action in their own name in 2008-2009 • only 3 out of the 13 equality bodies with power to intervene in legal proceedings reported that they have made use of this power in practice in 2008-2009. Nanna Margrethe Krusaa, Brussels 28.3.2012

  7. Impactthe ruling(3) • 4 equality bodies have taken part in national proceedings where a reference had been made • 2 equality bodies have taken part in national proceedings where the national court refused to refer an issue to the CJEU Nanna Margrethe Krusaa, Brussels 28.3.2012

  8. Impactthe ruling(4) • Submissions -> the European Commission -> national governments Nanna Margrethe Krusaa, Brussels 28.3.2012

  9. Impactthe ruling(5) • 2 equality bodies have given submission to their governments. • 2 equality bodies have been requested by their governments to provide points of view as experts. Nanna Margrethe Krusaa, Brussels 28.3.2012

  10. Impactthe ruling(6) • Cooperation with an equality body that is part of a CJEU proceeding. Nanna Margrethe Krusaa, Brussels 28.3.2012

  11. Impactthe ruling(7) Wish list? • Authorising equality bodies to intervene under the Statute of the CJEU? Nanna Margrethe Krusaa, Brussels 28.3.2012

  12. Thank you nmk@humanrights.dk Nanna Margrethe Krusaa, Brussels 28.3.2012

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