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Jrg Neuner
Protection Against Discrimination in European Contract Law
Protection against discrimination in European contract law stands at the point of tension between the principle of freedom of contract and the principle of equal treatment. Both principles will be examined separately. One must distinguish between substantive and formal models of freedom, on the one hand, and conceptions of anti-discrimination based on ‘defensive rights’ (Abwehrrechte) and ‘participation rights’ (Teilhaberechte), on the other hand. The appropriate degree of protection can be better determined by employing this analysis. In so doing, it is demonstrated that protection similar to that against discrimination based on reasons of ‘race’ and gender is also required to address the problem of discrimination based on disabilities. Therefore, a further directive that corresponds to the Council Directives 2000/43/EC and 2004/113/EC should be enacted and provide protection for people with disabilities. The article closes by looking at the EU's competence to regulate in the field of contractual protection against discrimination.
European Review of Contract Law, Walter de Gruyter
Print ISSN: 1614-9920
Volume: 2, 02/2006
Pages: 35 - 50