- Volume 60
- Number 4
Studia Europejskie –
Studies in European Affairs
Articles published in the journal are under a Creative Commons Attribution – Non Commercial – No Derivatives 4.0 International License
Rola zasady równości w prawie Wspólnoty/Unii Europejskiej (w ujęciu ewolucyjnym)
The role of equality principle in the European Community/Union law (taking into account its evolution)
The article concentrates on the numerous functions of the principle of equality in European Union law. However, they have not been static but have changed in line with the evolution of the European Community’s (now European Union’s) legal order. As a result, we can distinguish four main functions of equality. Firstly, this article presents its role as an instrument of market integration. The principle of equality has been used in this field intensively in order to abolish various barriers in the common market. Secondly, it regulates and can influence 1}the activities of European Union institutions, both the legal and the administrative ones. If these measures do not comply with the principle of equality, they should be eliminated, in order to protect individuals against arbitrary actions. Thirdly, it is an important instrument in eliminating the differences in treatment of women and men. The Treaty regulations concerning this issue confirm that gender equality is an important element of European Union law, and that the EU law aims at its implementation.. Fourthly, the article describes equality from the perspective of fundamental rights (both the case-law and the provisions of the Charter of Fundamental Rights). Finally, it takes into account the provisions of the Treaty of Lisbon – according to these provisions, equality is both the value on which the Union is based and its autonomous objective. In general, one should observe that equality has a special place in European Union law. Its role has been strengthened along with the evolution of this legal order and is not confined to economic spheres, but can also be looked at from the perspective of fundamental rights.
How to Cite:
Maliszewska-Nienartowicz, J. (2011) "Rola zasady równości w prawie Wspólnoty/Unii Europejskiej (w ujęciu ewolucyjnym)". Studia Europejskie – Studies in European Affairs, 4/2011, pp. 73-94.