Die Idee des unionalen Antidiskriminierungsrechts

Abstract

This book provides a precise framework for interpreting EU anti-discrimination law and thereby facilitates the resolution of difficult cases in conformity with EU law. It assesses the leading theoretical approaches and reconstructs the CJEU’s concept of discrimination through five case-law studies. Its central claim is that anti-discrimination rules do not serve solely to protect personality rights, but are primarily intended to reshape the markets for employment, housing and consumption so that social participation and human flourishing are, as far as possible, independent of protected characteristics. The study combines private law doctrine, EU law and political philosophy. It is aimed at scholars and practitioners.