Book Review: Equality and Non-Discrimination in the EU The Foundations of the EU Legal Order by Giovanni Zaccaroni
| Author | Szandra Kramarics |
| DOI | 10.1177/13882627211054537 |
| Published date | 01 December 2021 |
| Date | 01 December 2021 |
| Subject Matter | Book Reviews |
newcomers to the field, and suggest complementing it with some additional investigation of the
effects of unconditional basic income.
Giovanni Zaccaroni, Equality and Non-Discrimination in the EU The Foundations of the EU Legal Order,
Cheltenham (UK)/ Northampton, MA (USA): Edward Elgar Publishing, 2021, 232 pages, ISBN: 978 1
78990 459 8 (cased), 978 1 78990 460 4 (eBook)
Reviewed by: Szandra Kramarics ,Eötvös Loránd Tudományegyetem, Hungary
DOI: 10.1177/13882627211054537
The main topic of Giovanni Zaccaroni’s latest work is equality and non-discrimination within the
European Union. The latter two concepts, which are often synonymous with each other, are both
essential elements of the EU legal order and modern democracies.
The author has significant legal experience. In addition to being a qualified lawyer, he also works
as a researcher, mainly in the fields of EU law, EU constitutional law, fundamental rights, anti-
discrimination law and economic governance.
This book is part of a series, which seeks to analyze and present the legal aspects of the European
Union. Zaccaroni’s work seeks to present the importance of equality in European law and the inter-
action between the three different dimensions of equality (as a value, a principle and a right)
through a whole new way of thinking. Most scientific works to date have with different types
and elements of equality (e.g. gender, ethnic equality), but the significance of the concept and its
place in different legal systems have been less studied. The author emphasises the interdependence
of the dimensions of value, principle and law. Equality as a value has been presented in the prin-
ciples of the EU from the very beginning, but in order to achieve it, its integration into the legal
order is essential. Zaccaroni presents all this through the laws and Directives of the European
Union and the rulings of the Court of Justice of the European Union. Basic documents such as
the Treaty of Rome or the Charter of Fundamental Rights are discussed, specific EC Directives
are presented (e.g. Directive 97/80/EC on the burden of proof in cases of discrimination based
on sex), but we can also read about some controversial events such as the Asociaţia Accept case,
the Coleman case or the Test-Achats case. The latter and many other cases show how the
various equality laws have been applied.
The chapter on ‘equality as a value’points out that the concept of equality is difficult to define.
Zaccaroni highlights the differences between formal and substantive equality, illustrated by a brief
example of female quotas. Formal equality means equality before the law, while substantive equal-
ity implies equal opportunity measures and positive discrimination of disadvantaged people.
The author breaks down these two categories further, circling the meaning of equality from a
number of angles. The positive and negative concepts of equality are an integral part of this
chapter. The author returns to the concept of Aristotelian equality from time to time, calling for
the help of many other philosophers such as Kant or Pojman.
Equality as a principle is somewhat easier to define, as it forms the basis of the EU legal order,
has facilitated and continues to accompany European integration. However, the principle of
Book Reviews 397
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