ROLUL JURISPRUDENȚEI EUROPENE ÎN MATERIE DE NEDISCRIMINARE
The Role of European Jurisprudence in Case of Non – discrimination

Author(s): Dragoş Lucian Rădulescu
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: discrimination; jurisprudence; criteria; European courts;
Summary/Abstract: The internationalization of law has not only led to the transposition of some non-discrimination provisions from European law into national law, but also of the interpretations of case-law from the European Courts of Justice.The role of the European Courts' case-law can be inferred from the general context in which the analysis of legal relationships between perpetrators and victims requires the definition of non-discrimination concepts that were either not introduced in a similar manner into national law or they were excluded on the grounds of social or political issues in the respective States.In this context, we can see that European case-law plays a decisive role in the interpretation of discriminatory conduct by national courts, not only in the case of practices which differentiate similar situations with the effect of restricting or abolishing the recognition, use or exercise of rights and fundamental freedoms of certain individuals, but also of the practices pertaining to the application of the same rights for those in different situations.The article details issues concerning the role of case-law in the interpretation of discrimination acts, the applicable conditions, victims' rights to bring proceedings in court, as well as the possible reference to the provisions of the international legislation in the field.

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