The Impact of the Non-Discrimination Principle on Private Autonomy in EU Law

In D Leczykiewicz and S Weatherill (eds), The Involvement of EU Law in Private Law Relationships (Studies of the Oxford Institute of European and Comparative Law, Hart Publishing, Oxford 2013)

Oxford Legal Studies Research Paper No. 27/2013

Posted: 9 Apr 2013

See all articles by Norbert Reich

Norbert Reich

University of Bremen - Faculty of Law

Date Written: April 2013

Abstract

EU non-discrimination law, apart from its distinctly market-orientated approach, in the meantime has taken on also a social dimension by including within its ambit the struggle against discrimination based on gender, race, ethnic origin, age, disability or sexual orientation. This development is part of a more general trend concerned with fundamental rights in the EU and expressed in Article 21 on “Non-discrimination” of the Charter of Fundamental Rights. The analysis of this paper is focused on private law relations which in all Member States and in Union law itself are subjected to the principle of private autonomy. However, an inevitable clash exists between the rationale behind the principle of non-discrimination and the logic of private law fuelled by the concern for economic efficiency. How is this conflict to be solved – this is the basic question behind this paper referring to a growing and controversial case law of the CJEU.

Suggested Citation

Reich, Norbert, The Impact of the Non-Discrimination Principle on Private Autonomy in EU Law (April 2013). In D Leczykiewicz and S Weatherill (eds), The Involvement of EU Law in Private Law Relationships (Studies of the Oxford Institute of European and Comparative Law, Hart Publishing, Oxford 2013), Oxford Legal Studies Research Paper No. 27/2013, Available at SSRN: https://ssrn.com/abstract=2247283

Norbert Reich (Contact Author)

University of Bremen - Faculty of Law ( email )

PO Box 330440
Bremen, 28334
Germany

Do you have negative results from your research you’d like to share?

Paper statistics

Abstract Views
599
PlumX Metrics