Evoluția protecției împotriva discriminării pe calea cererilor de trimitere preliminară la Curtea de Justiţie a Uniunii Europene, în temeiul Directivelor 2000/43/CE și privind discriminarea pe baza originii rasiale sau etnice
The evolution of protection against discrimination through requests for a preliminary ruling to the Court of Justice of the European Union under Directives 2000/43/EC and regarding discrimination on the basis of racial or ethnic origin

Summary/Abstract: The paper offers an overview of the requests for a preliminary ruling submitted by the courts to the Court of Justice of the European Union regarding the interpretation of Directive 2000/43/EC and of the evolution of the Court's case-law on the prohibition of discrimination on the basis of racial or ethnic origin. I analyzed the allegations of the parties involved in the cases that were the subject of the applications, the advocate general's allegations before the Court of Justice and the arguments of the Court of Justice that led to the correlative interpretations of Directive 2000/43/EC. In the light of the Court of Justice's rulings, I established a number of categories concerning the status of equality institutions that may make requests for a preliminary ruling, the limits of the protection against discrimination conferred on the basis of the criteria prohibited by Directive 2000/43/EC, the scope of the Directive in relation to access to services in the exercise of the functions of public authorities, the punishment of discrimination in the absence of an identifiable victim, the meeting of the criteria of efficiency, proportionality and deterrence of penalties, the scope of the directive in relation to access to education and issues concerning the principle of reversal of the burden of proof.

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