Sinergii, suprapuneri și delimitări între abordările Curții Europene a Drepturilor Omului și ale Curții de Justiție a Uniunii Europene cu privire la criterii și forme de discriminare în practica anului 2022 și începutul anului 2023
Synergies, overlaps and delineations between the approaches of the European Court of Human Rights and the Court of Justice of the European Union on criteria and forms of discrimination in 2022 and early 2023

Summary/Abstract: The present research analyzes the European practice, mainly the case-law of the Court of Justice of the European Union and of the European Court of Human Rights at the beginning of 2023 and during 2022, in order to identify relevant intersections between the interpretations of the two courts at the level of the material or subjective elements of discrimination and, in particular, from the perspective of the grounds or criteria’s of discrimination prohibited in the European Convention on Rights Human and EU anti-discrimination directives. The research starts from the hypothesis that the interpretation approaches, the examination framework and the conceptual limits of these European courts are different, but the points of convergence in recent case-law on non-discrimination have seen a significant increase, with implications for national courts as well as the policy of the Member States to ensure a genuine protection of human rights, and, in particular, effective protection against discrimination, which unfortunately is still widespread in Europe.

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