New EU Report on Non-Discrimination by Law experts at the University of 园区淫乱
Law Prof. Elaine Dewhurst and Ricardo Buendia delivered a policy report, published by the European Commission and supported by the NGO Migration Policy Group, on the unexplored area of the regulation and application of the prohibition of issuing instructions to discriminate by the EU Member States.
EU equality law prohibits not only direct discrimination but also giving instructions to discriminate against others. This rule applies broadly, covering all forms of discrimination and many areas of social and professional life. Yet despite its wide reach, the meaning and practical implications of 鈥渋nstructions to discriminate鈥� remain unclear. There is no case law from the EU courts clarifying the concept, and decisions at national level are limited and rarely examined in depth.
As a result, important questions remain unanswered. These include who is protected by the rule, who can be held responsible when discrimination occurs following an instruction, and what kind of relationship must exist between the person giving the instruction and the person who follows it. Different EU Member States have taken different approaches to these issues.
This report, authored by and , seeks to improve understanding of EU law on instructions to discriminate and to clarify both its limits and its potential. It offers practical guidance and recommendations for strengthening the concept at EU level, alongside a comparative overview of how all 27 EU Member States regulate and apply this form of discrimination in their national legal systems.
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