A Good Chess Opening : Luxembourg's First Roma Case Consolidates its Role as a Fundamental Rights Court

• Autores: Álvaro Oliveira, Sarah-Jane King
• Localización: European law review, ISSN 0307-5400, Nº 6, 2016, págs. 865-884
• Idioma: inglés
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• Resumen

  • In its first judgment on discrimination against Roma people, the EU Court of Justice sheds new light on how to interpret the concepts of direct and indirect discrimination based on ethnic origin under Directive 2000/43. The Court accepts that, under certain conditions, indirect discrimination can exist by association. Moreover, it affirms that, in order to make a finding of direct discrimination based on ethnic origin, it is enough to establish that ethnic origin has determined the decision to impose less favourable treatment, even where the measure also affects people who are not of that ethnic origin. In addition, the EU Court requires that when a national court examines the objective justification of indirect discrimination, it should take into account whether or not the measure in question has an offensive or stigmatising nature. This contribution argues that the Court makes a well-founded interpretation of the Directive, one that fully protects its objective and duly protects the rights of all victims of discrimination. At the same time, its interpretation is also rather balanced, and it is left for national courts to carry out the examination of complex facts. In this manner, the Court shows that it is ready to take on its role as the human rights court of the EU.