Does the Feryn-Accept-NH Doctrine enhance a Common Level of Protection against Discrimination in the EU? A Reflection on the Procedural Aspects of the CJEU's Concept of Discriminatory Speech

• Autores: Maciej Kulak
• Localización: European law review, ISSN 0307-5400, Nº 4, 2021, págs. 551-563
• Idioma: inglés
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• Resumen

  • This article investigates whether the CJEU's concept of discrimination through public statements enhances a common level of protection against unequal treatment in the EU. It is argued that even though broadening the definition of discrimination in Feryn, Accept and NH to include discriminatory speech may have a positive impact on the matter, procedural aspects of those judgments imply that protection against this particular form of discrimination may be entirely dependent on Member States' discretionary power. However, the above-mentioned judgments do not clarify the procedural provisions concerning the CJEU's concept of discriminatory speech entirely. Therefore, this article seeks to determine whether the equality directives oblige Member States to guarantee protection against discriminatory speech by introducing certain procedural requirements.