CEU Electronic Theses and Dissertations, 2008
Author | Stoeva, Valentina Nikolaeva |
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Title | Standing for equality? Perspectives of non-discrimination in the jurisprudence of the European Court of Human Rights and the European Court of Justice |
Summary | The thesis draws from what I feel to be an important human rights problem on the European scene. It is an exploratory effort, seeking to discern the standards for equality and non-discrimination protection, as spelled out by Europe’s top hierarchy Courts in their case-law. The thesis looks into classic and peculiar decisions of the two Courts, as far as equality and non-discrimination understandings are concerned, to essentially argue that although neither the ECtHR, nor the ECJ are bound by the doctrine of stare decisis, looking into their case-law is an invaluable source of knowledge in ascertaining the ambit of European human rights protection. The thesis further questions the view that Europe is an area of the rule of law, with ample opportunities to fight discrimination, but at the same time the analysis and findings of the work entrust positive hopes with recent legislative developments that will allow the Courts to enlarge upon the protection of human rights through the equality and non-discrimination lens. |
Supervisor | Granger, Marie-Pierre |
Department | Legal Studies LLM |
Full text | https://www.etd.ceu.edu/2008/stoeva_valentina.pdf |
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