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Full Description
Unlike EU legislation in general, the Racial Equality Directive (RED) for Minority Protection includes several enforcement-related rules in addition to the substantive provisions. This book examines the interpretation of the enforcement provisions of the RED, examines the implementation of these provisions in four Member States (Belgium, Estonia, Hungary and the Netherlands), and sets out the implication of the enforcement provisions for minority protection. It concludes that neither the European Court of Justice nor the four Member States have fully realized the potential of the RED enforcement mechanisms. Moreover the RED itself missed some opportunities to guarantee the effective enforcement of the right to equal treatment on the grounds of racial or ethnic origin. Nevertheless, important steps have been taken to make the enforcement of the right to equal treatment as effective as possible by taking the perspective of the victim into account, thus contributing to an enhanced level of minority protection. In addition to providing a solid theoretical basis concerning the enforcement mechanisms of the RED, this book also serves as a handbook for practitioners, supporting their everyday work in the interpretation and application of the national equal treatment legislation. This book will be of interest to academics and practitioners in human rights, political science, and constitutional rights.
Contents
Table of Contents Acknowledgements List of Acronyms and Abbreviations Chapter 1: Introduction Chapter 2: Allocation of the Burden of Proof and Model of Review in Equal Treatment Cases Chapter 3: Forms of Proof in Equal Treatment Cases Chapter 4: Access to Justice Chapter 5: Legal Standing Chapter 6: Victimisation Chapter 7: Sanctions Chapter 8: Specialised Bodies for the Promotion of Equal Treatment Chapter 9: Final Conclusions Bibliography
