1
NEBs and the CJEU
ROBIN ALLEN QC
CLOISTERS
HISTORICAL EXAMPLES OF NEBs ADDING VALUE
MARSHALL JÄMO
2
NEBs BECOME PART OF THE EQUALITY LANDSCAPE
3
European Monitoring Centre on Racism and Xenophobia
Vienna conference Commission Proposals
THE ROLE OF THE CJEU
4
DIFFERENT KINDS OF CASES Article 267 Staff Cases Other cases
5
THE ROLE OF THE CJEU IN ARTICLE 267 CASES to ensure that European Union law is
applied uniformly by national courts to preserve the unity of the European
Union legal order to ensure co-operation between the courts
6
ACTE CLAIR
If acte clair no need for a reference If reference made not relevant that it could
be argued to be acte clair Special obligations on final courts of
appeal
7
FOUR EXAMPLES
Chacón Navas Coleman Cadman Firma Feryn
8
CHACÓN NAVAS
The concept of disability
9
COLEMAN
Associative discrimination
10
CADMAN
The scheme of the Equal Pay legislation
11
FIRMA FERYN
Enforcement where no victim identified
12
FOUR KEY POINTS
A didactic role teaching the Court A regulatory role setting the norm for the
whole of the Union A role where no other person or body able
or ready to enforce the law An innovative role taking cases that
extend the protection in Union law
13
14
NEBs and the CJEU
ROBIN ALLEN QC
CLOISTERS