From a “Common Principle of Equality” to “European Antidiscrimination Law”

Witte, Bruno De

doi:10.1177/0002764210368093

Cited by 12 publications

(9 citation statements)

References 10 publications

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“…The EU's combating antisemitism policy (de Witte, 2010). The EU has created antidiscrimination laws that have led to a 'meaningful legal change in Europe' (de Witte, 2010, p. 1718).…”

Section: Values Of the Eu And A Legal Framework To Combat Antisemitismmentioning

confidence: 99%

“…Addressing antisemitism falls under antidiscrimination policy, a policy that promotes equality. From a legal/constitutional perspective, equality emerged as a ‘common legal heritage of Europe’ and has become a general principle in EU law (de Witte, 2010, p. 1716). As member states had equality as a common ideal, the European Court of Justice determined that equality could be used as a standard for EU legislation and administration (de Witte, 2010).…”

Section: Values Of the Eu And A Legal Framework To Combat Antisemitismmentioning

confidence: 99%

“…From a legal/constitutional perspective, equality emerged as a ‘common legal heritage of Europe’ and has become a general principle in EU law (de Witte, 2010, p. 1716). As member states had equality as a common ideal, the European Court of Justice determined that equality could be used as a standard for EU legislation and administration (de Witte, 2010). The EU has created antidiscrimination laws that have led to a ‘meaningful legal change in Europe’ (de Witte, 2010, p. 1718).…”

Section: Values Of the Eu And A Legal Framework To Combat Antisemitismmentioning

confidence: 99%

“…The Commission was able to utilize the legal basis that already existed related to antidiscrimination within the EU to address antisemitism. EU antidiscrimination law is more effective than international human rights treaties, because of direct effect and primacy of EU law (de Witte, 2010). The Commission has legal monitoring mechanisms including the ability to bring infringement proceedings before the EUCJ (de Witte, 2010).…”

Section: How Antisemitism Emerged On the Eu's Agendamentioning

confidence: 99%

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The EU's Combating Antisemitism Policy: Agenda Setting and the Making of a ‘European Polity’

Dudek

2023

J of Common Market Studies

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Antisemitism was on the rise after 9/11, yet, until 2015, there was weak policy to address it at the national and EU levels. The following examines why and how antisemitism policy emerged on the EU agenda culminating in the creation of the 2021 comprehensive strategy to combat antisemitism. Utilizing punctuated equilibrium theory, crisification literature and literature on Commission entrepreneurship, the article explores why, although other violent attacks had occurred against Jews, it would take the double attacks in 2015 to bring attention to antisemitism within the Commission. Leadership at the EU level, NGOs working with EU institutions, a working definition of antisemitism, along with pre‐existent EU legal bases in antidiscrimination law, would help promote antisemitism policy to the EU level. The EU's adoption of antisemitism policy demonstrates both Commission agenda setting and prioritizing antisemitism due to its threat to EU fundamental ideals, thus promoting a ‘European polity’ based on values.

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“…The EU's combating antisemitism policy (de Witte, 2010). The EU has created antidiscrimination laws that have led to a 'meaningful legal change in Europe' (de Witte, 2010, p. 1718).…”

Section: Values Of the Eu And A Legal Framework To Combat Antisemitismmentioning

confidence: 99%

Section: Values Of the Eu And A Legal Framework To Combat Antisemitismmentioning

confidence: 99%

Section: Values Of the Eu And A Legal Framework To Combat Antisemitismmentioning

confidence: 99%

Section: How Antisemitism Emerged On the Eu's Agendamentioning

confidence: 99%

See 2 more Smart Citations

The EU's Combating Antisemitism Policy: Agenda Setting and the Making of a ‘European Polity’

Dudek

2023

J of Common Market Studies

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“…Conforming to the rights model advocated by the Employment Equality Directive and the UN Convention on the Rights of Persons with Disabilities, the Discrimination Act relied on a litigation model that enforced substantive antidiscrimination regulations and encouraged the Discrimination Ombudsman to use the courts to produce social change both at the national and supranational levels. In this sense, antidiscrimination law and policy created new legal instruments and resources for tackling disability discrimination and provided disabled individuals, nonprofit organizations, and the Ombudsman with new opportunities to challenge discriminatory practices before national and European courts (De Witte ; Guiraudon ; Carlson ; Conant )…”

Section: Analysis: Three Phases Of the Relationship Between The Disabmentioning

confidence: 99%

Legal Mobilization within the Bureaucracy: Disability Rights and the Implementation of Antidiscrimination Law in Sweden

Lejeune¹

2017

Law & Policy

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This article argues that the analysis of legal mobilization needs to give more attention to the state and its relationship with social movements in order to examine how the state either sustains social movements’ demands or is a field of contention for those demands. Focusing on how disability bureaucrats and activists mobilize antidiscrimination law in Sweden, this article shows that two main factors shape legal mobilization within the bureaucracy and alter the state's ability to become a legal mobilization actor: (1) the institutional relationships between social movement organizations and government agencies and (2) the profiles and careers of bureaucrats and activists. It concludes by suggesting several lines for further research on law and social movements in nonpluralist countries.

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The Gradual Emergence of European Minority Rights

Bieber

2020

Palgrave Studies in European Union Politics

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The Gradual Emergence of European Minority RightsMinorities represent diversity within any given entity or group. The constitutional framing or at least the respect of their role is an important marker for a successful balance of diversity and unity. The acknowledgement of minorities is the litmus test of democracies. The European Union is composed of minorities: none of its peoples or states holds a majority within the Union. Already for this reason, respect for and protection of minorities is part of the very nature of the Union. The mechanisms through which the resulting diversity of states and peoples is protected and balanced with unity have been discussed in previous chapters. However, another category of minority exists within and across peoples and EU Member States in the form of minorities within Member States. In this chapter we discuss the impact of recognition, protection, and integration of minorities at the level of Member States. The focus here is on national and ethnic minorities. One might also consider other minority groups, such as political, sexual, or religious minorities that share some features with national minorities: their protection is a defining feature of liberal democracies. Some minority categories are based on personal traits that are subject to little or no change, others might not be immutable but constitute an important feature of an individual's political and social identity. National minorities are given central attention, as their selfidentification is closely linked to nations and states and thus to the core categories of diversity and unity on which the European Union is founded.

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From a “Common Principle of Equality” to “European Antidiscrimination Law”

Cited by 12 publications

References 10 publications

The EU's Combating Antisemitism Policy: Agenda Setting and the Making of a ‘European Polity’

The EU's Combating Antisemitism Policy: Agenda Setting and the Making of a ‘European Polity’

Legal Mobilization within the Bureaucracy: Disability Rights and the Implementation of Antidiscrimination Law in Sweden

The Gradual Emergence of European Minority Rights

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