Recent Developments and the Non-Discrimination Directives: Mangold and More

AuthorLisa Waddington
Date01 September 2006
Published date01 September 2006
DOI10.1177/1023263X0601300308
Subject MatterArticle
13 MJ 3 (2006) 365
RECENT DEVELOPMENTS AND THE
NONDISCRIMINATION DIRECTIVES:
MANGOLD AND MORE
L W*
ABSTRACT
e concluding paper of this special is sue seeks to re ect on recent developments with
regard to the non-discrimination Directives and th eir possible relevance for the United
Kingdom and the Netherlands. Partic ular attention will be paid to the  rst case decided by
the European Court of Justice on the basi s of the Directives, Mangold.1 is case concerned
the tricky question of the limits of the e xtended scope for justifying di scrimination on the
grounds of age, and the standards again st which such exceptions to the non-discriminat ion
principle should be measured . In addition, the attention currently being paid to the
broader policy question of the need for, and desirability of, f urther EC non-discrimination
directives will be noted.
Keywords: Transposition and enforcement of equalit y directives, Non-discri mination
law, the Netherlands, United Kingdom, Mangol d
§1. COMMISSION COMMUNICATION ON
NONDISCRIMINATION AND EQUAL OPPORTUNITIES 
A FRAMEWORK STRATEGY2
In 2004 the Commission consulted widely on the future of EC equality and non-
discrimi nation policy through it s Green Paper Equality and non-discrimination in an
* European Disability Foru m Chair in European Disability Law, Maastricht University. I am gratefu l to
my co-editor Mar k Bell for his helpful com ments on an earlier version of t his article.
1 Case C-144/04, Mangold v. Helm, [2005] ECR I-9981.
2 COM (2005) 224  nal .

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