Lessons from the recent case law of the EU court of justice on the principle of non-discrimination

Abstract

The case law the EU Court of Justice has issued on non-discrimination is particularly developed in the area of discrimination based on nationality or sex, and lately also in matters concerning sexual orientation, disability, and ethnic origin. This case law is rich in lessons on fundamental issues, such as the prohibition for employers to publicly announce discriminatory hiring policies, the definition of disability, the exclusion barring same-sex partners from access to employmentrelated benefits and services, and the scheme for burden of proof. This chapter suggests that while the Court's approach is not entirely clear, it has nonetheless made allowance for social progress in protecting victims of discrimination. The Court has thus contributed to realizing the values on which the European Union is founded.