Reflexive Governance in EU Equality Law

E. Lantschner
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引用次数: 1

Abstract

The Covid pandemic has revealed how far we, as a European society, still are from the proclaimed Union of Equality. This book explores how the promise of equal treatment can become a reality and compliance with the EU acquis relating to equality and non-discrimination be improved. It studies enforcement and promotion aspects of the two watershed Directives of 2000, the Racial Equality Directive 2000/43/EC and the Employment Equality Directive 2000/78/EC, through the lens of reflexive governance. This governance approach is proposed as having a great potential in enhancing the likelihood of sustainability (or continuation) of reforms in the current candidate countries and EU Member States through its emphasis on reflexive learning processes and the cooperation between EU institutions, national authorities, and civil society actors. In order to deploy this potential, there is, however, a need for more consistent and transparent monitoring, both with regard to candidate countries as well as old and new Member States, and a reconsideration of the understanding of monitoring as such. It should be seen as helping to deconstruct own-preference formations and as an opportunity to learn from successes and failures in a cooperative and recursive process. To work on these lacunae and improve learning and monitoring processes, this book identifies indicators that are deduced from the comparative review of the implementation practice of the Member States. It is thus a contribution to the existing literature in the fields of Europeanization, governance studies, and the right to equality and non-discrimination.
欧盟平等法中的反身治理
新冠肺炎疫情表明,作为一个欧洲社会,我们距离所谓的平等联盟还有多远。这本书探讨了平等待遇的承诺如何成为现实,以及如何遵守与平等和非歧视有关的欧盟法规。它通过反身性治理的视角,研究2000年两个分水岭指令,即2000/43/EC种族平等指令和2000/78/EC就业平等指令的执行和促进方面。通过强调反思性学习过程以及欧盟机构、国家当局和民间社会行动者之间的合作,这种治理方法被认为在提高当前候选国和欧盟成员国改革的可持续性(或连续性)方面具有巨大潜力。但是,为了利用这种潜力,需要对候选国以及新老会员国进行更加一致和透明的监测,并重新考虑对监测本身的理解。它应该被视为有助于解构自己偏好的形成,并作为在合作和递归过程中从成功和失败中学习的机会。为了弥补这些空白并改进学习和监测过程,本书确定了从对会员国执行实践的比较审查中推断出的指标。因此,它是对欧化、治理研究、平等和不歧视权利等领域现有文献的贡献。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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