Bases for action against race discrimination in EU law

Abstract:

This comment considers the potential normative bases for EU action against discrimination based on racial or ethnic origin. The discussion assumes the existence of a substantial body of EU soft law on discrimination, and the existence of the new Directive implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. The comment first outlines some of the choices and values in anti-discrimination theory. Next it considers competing tenets within EU anti-discrimination law, exploring the potential normative bases for action against race discrimination based on the Single Market and on Fundamental Human Rights. Finally, the discussion looks to the significance of emerging human rights rationales within EU law and the possibility of a balance being struck between the two distinct bases. The Race Directive is presented as symbolic of striving for that balance and transcending polarized rationales within EU equality law generally.