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- Publisher Website: 10.1080/13501763.2012.632148
- Scopus: eid_2-s2.0-84855453825
- WOS: WOS:000302092300007
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Article: Rights adjudication and constitutional pluralism in Germany and Europe
Title | Rights adjudication and constitutional pluralism in Germany and Europe |
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Authors | |
Keywords | European Court of Justice labour law non-discrimination Constitutional pluralism Europeanization legal integration |
Issue Date | 2012 |
Citation | Journal of European Public Policy, 2012, v. 19, n. 1, p. 92-108 How to Cite? |
Abstract | The development of a corpus of fundamental rights at the EU level has accentuated the constitutional pluralism that existed within many national legal systems. Illustrating the dynamic, the adjudication of the age discrimination provisions of the 2000 Framework Directive on Employment Equality in Germany produced two major outcomes. First, interactions between the ECJ and the German labour courts served to upgrade rights protections afforded to workers, relative to national constitutional standards. Second, the structural position of the German Federal Constitutional Court, as a privileged locus of rights protection, was weakened, while the authority of the labour courts was enhanced. Looking ahead, we are entering a new era of rights-based legal integration that will further serve to Europeanize national law, while undermining the (supposed) unity and coherence of national legal orders. © 2012 Copyright Taylor and Francis Group, LLC. |
Persistent Identifier | http://hdl.handle.net/10722/300168 |
ISSN | 2023 Impact Factor: 4.6 2023 SCImago Journal Rankings: 1.967 |
ISI Accession Number ID |
DC Field | Value | Language |
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dc.contributor.author | Stone Sweet, Alec | - |
dc.contributor.author | Stranz, Kathleen | - |
dc.date.accessioned | 2021-06-04T05:49:11Z | - |
dc.date.available | 2021-06-04T05:49:11Z | - |
dc.date.issued | 2012 | - |
dc.identifier.citation | Journal of European Public Policy, 2012, v. 19, n. 1, p. 92-108 | - |
dc.identifier.issn | 1350-1763 | - |
dc.identifier.uri | http://hdl.handle.net/10722/300168 | - |
dc.description.abstract | The development of a corpus of fundamental rights at the EU level has accentuated the constitutional pluralism that existed within many national legal systems. Illustrating the dynamic, the adjudication of the age discrimination provisions of the 2000 Framework Directive on Employment Equality in Germany produced two major outcomes. First, interactions between the ECJ and the German labour courts served to upgrade rights protections afforded to workers, relative to national constitutional standards. Second, the structural position of the German Federal Constitutional Court, as a privileged locus of rights protection, was weakened, while the authority of the labour courts was enhanced. Looking ahead, we are entering a new era of rights-based legal integration that will further serve to Europeanize national law, while undermining the (supposed) unity and coherence of national legal orders. © 2012 Copyright Taylor and Francis Group, LLC. | - |
dc.language | eng | - |
dc.relation.ispartof | Journal of European Public Policy | - |
dc.subject | European Court of Justice | - |
dc.subject | labour law | - |
dc.subject | non-discrimination | - |
dc.subject | Constitutional pluralism | - |
dc.subject | Europeanization | - |
dc.subject | legal integration | - |
dc.title | Rights adjudication and constitutional pluralism in Germany and Europe | - |
dc.type | Article | - |
dc.description.nature | link_to_subscribed_fulltext | - |
dc.identifier.doi | 10.1080/13501763.2012.632148 | - |
dc.identifier.scopus | eid_2-s2.0-84855453825 | - |
dc.identifier.volume | 19 | - |
dc.identifier.issue | 1 | - |
dc.identifier.spage | 92 | - |
dc.identifier.epage | 108 | - |
dc.identifier.eissn | 1466-4429 | - |
dc.identifier.isi | WOS:000302092300007 | - |