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The Coherence of EU LawThe Search for Unity in Divergent Concepts$
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Sacha Prechal and Bert van Roermund

Print publication date: 2008

Print ISBN-13: 9780199232468

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199232468.001.0001

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Conceptual Convergence and Judicial Cooperation in Sex Equality Law

Conceptual Convergence and Judicial Cooperation in Sex Equality Law

(p.363) 16 Conceptual Convergence and Judicial Cooperation in Sex Equality Law
The Coherence of EU Law

Linda Senden

Oxford University Press

This chapter begins by considering the implications of the claim of legal unity in the EU. It then explores the issue of conceptual divergence in the specific area of sex equality law. It argues that EU equal treatment law imposes a certain standard of equality and non-discrimination, and it brings more unity into this area by establishing common — minimum — definitions. The possible unifying effects of this cooperation within the framework of the preliminary ruling procedure are assessed both at a general level and in the specific area of sex equality law. On that basis, it is then considered how the efficiency of the preliminary ruling procedure could be enhanced, in particular whether a distinction could be made between more fundamental and constitutional cases on the one hand and more technical ones on the other, the latter being less crucial with a view to realizing or preserving the unity of the legal order.

Keywords:   EU law, legal order, legal unity, national legal systems, equal treatment law

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