150 likes | 263 Vues
This paper examines the significance of Non-Exhaustive Binding Obligations (NEBs) within the framework of the Court of Justice of the European Union (CJEU). It discusses historical cases and the CJEU's role in ensuring uniform application of EU law, particularly through Article 267. Key cases such as Chacón Navas and Coleman illustrate the CJEU's regulatory and didactic functions, emphasizing its innovative role in extending legal protections. The paper aims to highlight how NEBs are becoming integral to the equality landscape and the importance of national courts' cooperation in this regard.
E N D
NEBs and the CJEU ROBIN ALLEN QC CLOISTERS
HISTORICAL EXAMPLES OF NEBs ADDING VALUE MARSHALL JÄMO
European Monitoring Centre on Racism and Xenophobia Vienna conference Commission Proposals NEBs BECOME PART OF THE EQUALITY LANDSCAPE
DIFFERENT KINDS OF CASES Article 267 Staff Cases Other cases
THE ROLE OF THE CJEU IN ARTICLE 267 CASES to ensure that European Union law is applied uniformly by national courts to preserve the unity of the European Union legal order to ensure co-operation between the courts
ACTE CLAIR If acte clair no need for a reference If reference made not relevant that it could be argued to be acte clair Special obligations on final courts of appeal
FOUR EXAMPLES Chacón Navas Coleman Cadman Firma Feryn
CHACÓN NAVAS The concept of disability
COLEMAN Associative discrimination
CADMAN The scheme of the Equal Pay legislation
FIRMA FERYN Enforcement where no victim identified
FOUR KEY POINTS A didactic role teaching the Court A regulatory role setting the norm for the whole of the Union A role where no other person or body able or ready to enforce the law An innovative role taking cases that extend the protection in Union law
NEBs and the CJEU ROBIN ALLEN QC CLOISTERS