Book Review: The Right to Equality in European Human Rights Law. The Quest for Substance in the Jurisprudence of the European Courts

AuthorMarta Carneiro
DOI10.1177/138826271501700407
Published date01 December 2015
Date01 December 2015
Subject MatterBook Review
Book Reviews
European Jour nal of Social Sec urity, Volume 17 (2015), No. 4 499
making instr uments.  e aims of t he EU as laid down in Article 3 EU Treaty are not
dealt with in det ail, although they do shed a bright li ght on social justice and equalit y.
Social policy is examined using t he example of rules on equal treatment of men and
women, which provides insights on one of the oldest  el ds of p olic y mak ing of the EU,
leaving other  elds like employment polic y, health, education and vocational trai ning
and the European S ocial Funds aside.
Pennings’ textbook is a very useful guide for students who wish to familiarise
themselves with the pr inciples of social security coordi nation and for researchers who
require a compendium of almost a ll aspects of European Soci al Security Law.
Constanze Janda
SRH University of Applied Sciences
Heidelberg
Germany
Constanze Janda is Professor of Social Security Law, Labour Law and Civil Law at
SRH University of Applied Sciences in Heidelbe rg and Joint Review Editor of EJSS. Her
interests include the social protection of mig rants, bene ts for unemployed persons an d
protection in case of sickness and old age .
Charilaos Nikola idis, e Right to Equal ity in European Human Right s Law.
e Quest for Sub stance in the Juri sprudence of th e European Courts , Abingdon,
Oxfordshire: Routledge, 2 015, 238 pp., ISBN: 978–1-315–78006–1 (ebk)
is book provides a very importa nt and uniquely framed contribution to the debate
on the right to equality and non-discriminat ion in the speci c legal contexts under
which the European Court of Human Rig hts (ECtHR) and the Cour t of Justice of
the European Union (CJEU) work.  e aim is to develop a normative and doctri nal
account of a particula r substantive approach to that right that can be read in t he case-
law of the two courts but that a lso gives credence and commonalit y to future legal and
judicial developments in those contexts.  e method is based on the identi cation
and analysis of the relevant legal sources that apply in t hose systems, supported
by a theory of substantive equality. Of undeniable value are the grounding of this
theoretical approach in t he law/application of the law and the immediately relatable
case-law analysis.  e book is refreshingly  uid and follows a four chapter-structure
that delivers on its proposed objectives.
Substantive approaches are o en discus sed. What is origina l about this book is that it
o ers a n exclusive, instead of an ‘add-on’, approach to the subject and that the evolution
of the case law of the two court s is read and systematised from that speci c perspective.
Chapter one embarks on the di cult and much contested issue of what t he right
to equality aims to uphold when protecting against reliance on certain prohibited

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT