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The Judicial Construction of Europe$
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Alec Stone Sweet

Print publication date: 2004

Print ISBN-13: 9780199275533

Published to Oxford Scholarship Online: January 2005

DOI: 10.1093/019927553X.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 September 2021

Sex Equality

Sex Equality

(p.147) 4 Sex Equality
The Judicial Construction of Europe

Alec Stone Sweet

Oxford University Press

The evolution is charted, through adjudication, of the rules governing sex equality in European Community (EC) law. The first section, ‘The Normative Structure’, provides an overview of the Treaty of Rome rules and secondary legislation that constitute the domain of sex equality, while the second examines how Art. 141 (which provides that male and female workers shall receive equal pay for equal work) evolved once it had been constitutionalized by the European Court of Justice. Section III, ‘Judicialization: The Court and the Legislator’, focuses on the relationship between the Court, its case law on sex equality, and the production of directives by the EC legislator; the impact is also briefly discussed of the Court's rulemaking on national judicial and legislative processes; topics included are indirect discrimination, occupational pensions, pregnancy and maternity rights. In the fourth section, ‘Adjudicating Sex Equality Law’, an analysis is made of the aggregate data on litigation and adjudication in the field, focusing on how precedent‐based lawmaking has organized the development of this area. The conclusion addresses a range of theoretical issues.

Keywords:   adjudication, case law, constitutionalization, equal pay, European Community law, European Community legislator, European Community, European Court of Justice, European directives, European legislation, indirect sex discrimination, judicialization, lawmaking, litigation, maternity rights, national judicial processes, national legislative processes, occupational pensions, precedent, pregnancy, secondary legislation, sex equality, Treaty of Rome

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