Saturday, April 16, 2016
Assembly C (DoubleTree by Hilton Philadelphia Center City)
In the EU law principle of non-discrimination based on sexual orientation results from both the EU primary law as well as with EU secondary legislation within the competence of the EU.
The principle of non-discrimination on grounds of sexual orientation currently has the status of a fundamental right pursuant to art. 21 of the Charter. The ECJ did not give the principle of non-discrimination on grounds of sexual orientation as a general principle. In addition to the sources indicated principle of non-discrimination based on sexual orientation is also apparent from the constitutional traditions of the Member States and the European Convention on Human Rights. Diversifying sources of fundamental rights in EU law (ie. The Charter of the general principles of law, the constitutional traditions of the Member States and the ECHR) shall be submitted to the problems of different ranges of their use and the legal consequences that they cause. This condition causes an effective impediment to the investigation claims that arise from violations of fundamental rights, including the prohibition of discrimination on grounds of sexual orientation.
The main scientific objective of my paper is - in the light of the above - to review the legal nature of the prohibition of discrimination on grounds of sexual orientation in EU law (specifying the scope, content and legal effect).
The principle of non-discrimination on grounds of sexual orientation currently has the status of a fundamental right pursuant to art. 21 of the Charter. The ECJ did not give the principle of non-discrimination on grounds of sexual orientation as a general principle. In addition to the sources indicated principle of non-discrimination based on sexual orientation is also apparent from the constitutional traditions of the Member States and the European Convention on Human Rights. Diversifying sources of fundamental rights in EU law (ie. The Charter of the general principles of law, the constitutional traditions of the Member States and the ECHR) shall be submitted to the problems of different ranges of their use and the legal consequences that they cause. This condition causes an effective impediment to the investigation claims that arise from violations of fundamental rights, including the prohibition of discrimination on grounds of sexual orientation.
The main scientific objective of my paper is - in the light of the above - to review the legal nature of the prohibition of discrimination on grounds of sexual orientation in EU law (specifying the scope, content and legal effect).
