Lahuerta, Sara Benedi and Zbyszewska, Ania (2018) EU equality law after a decade of austerity : on the social pillar and its transformative potential. International Journal of Discrimination and the Law, 18 (2-3). pp. 163-192. doi:10.1177/1358229118799234 ISSN 1358-2291.

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Abstract

This article discusses the evolution of EU legislation and policymaking methods during the ten years since the onset of the financial and economic crisis in 2007/2008. In the EU, this period has been characterized by politics of stimulus, austerity and recovery. Against the backdrop of longerterm developments in the equality law field, we consider how this crisis context influenced this field?s evolution. Through analysis of a range of legislative and policy proposals, we show that the progressive softening or hybridization of equality law over this period has gone hand in hand with the stronger articulation of equality objectives in terms of a ?business case?. While this approach appears to have enabled proliferation of policy and legal instruments and expanded the reach of equality law into areas where the EU has limited competence to legislate, it has also elevated instrumental economic goals for action at expense of human rights or social rationales. This longer-term tendency is also present in the recently adopted European Pillar of Social Rights, and the accompanying policy documentation, which have been hailed as carrying potential to infuse more coherence and to rebalance the social and economic rationales that the EU integration project has unevenly promoted over the years. Mindful that it is still too early for conclusive judgments, we suggest, however, that the transformative possibilities the Pillar carries are likely to be undermined by its soft and economically oriented thrust.

Item Type:	Journal Article
Subjects:	K Law [Moys] > KW European Union Law
Divisions:	Faculty of Social Sciences > School of Law
Library of Congress Subject Headings (LCSH):	Discrimination -- Law and legislation -- European Union countries, Equality before the law -- European Union countries, Civil rights -- European Union countries, European Union countries -- Economic policy, European Union countries -- Social policy
Journal or Publication Title:	International Journal of Discrimination and the Law
Publisher:	Sage Publications Ltd.
ISSN:	1358-2291
Official Date:	1 June 2018
Dates:	Date Event 1 June 2018 Published 8 October 2018 Available 19 June 2018 Accepted
Volume:	18
Number:	2-3
Number of Pages:	30
Page Range:	pp. 163-192
DOI:	10.1177/1358229118799234
Status:	Peer Reviewed
Publication Status:	Published
Reuse Statement (publisher, data, author rights):	Posted ahead of print.Lahuerta, Sara Benedi and Zbyszewska, Ania (2018) EU equality law after a decade of austerity : on the social pillar and its transformative potential. International Journal of Discrimination and the Law . doi:10.1177/1358229118799234. Copyright © 2018 The Author(s) Reprinted by permission of SAGE Publications. DOI: [DOI]
Access rights to Published version:	Restricted or Subscription Access
Copyright Holders:	The Author(s)
Date of first compliant deposit:	13 September 2018
Date of first compliant Open Access:	13 September 2018
RIOXX Funder/Project Grant:	Project/Grant ID RIOXX Funder Name Funder ID UNSPECIFIED [ESRC] Economic and Social Research Council http://dx.doi.org/10.13039/501100000269 UNSPECIFIED Society of Legal Scholars http://viaf.org/viaf/133592630 UNSPECIFIED University of Warwick http://dx.doi.org/10.13039/501100000741 UNSPECIFIED University of Southampton http://dx.doi.org/10.13039/501100000739
Related URLs:	Other Repository http://journals.sagepub.com/home/jdi

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