Enforcement Mechanisms of the Racial Equality Directive and Minority Protection / druk 1

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ISBN: 9789077596944
Uitgever: Boom uitgevers Den Haag

Unlike EU legislation in general, the Racial Equality Directive for Minority Protection (RED) includes several enforcement related rules in addition to the substantive provisions. The author first sets out the interpretation of the enforcement provisions of the RED, subsequently examines the implementation of these provisions in four Member States (Belgium, Estonia, Hungary and the Netherlands) and finally sets out the implication of the enforcement provisions for minority protection. The author concludes that neither the ECJ 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 Racial Equality Directive, this book also serves as a handbook for practioners and supports their everyday work in the interpretation and application of the national equal treatment legislation. This book is of interest to academics and practitioners in human rights, political science and constitutional rights.