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Indirect Discrimination in EU Law: New Publication by Christa Tobler

Christa Tobler

What is indirect discrimination? How is it defined in EU law? And what are the challenges related to the application of this concept? This is the topic of a new report by Prof. Dr. Christa Tobler for the European Equality Law Network. The report titled "Indirect discrimination under Directives 2000/43 and 2000/78" was published on 15 December 2022, and discussed at a recent workshop organised by the Network’s Legal Seminar.

Indirect discrimination is one of several types or forms of discrimination listed in Directives 2000/43 and 2000/78 which are part of the EU’s statutory equality or non-discrimination law. However, as Tobler argues in her work, experience has shown that the concept of indirect discrimination is often not understood and sometimes not even accepted or acknowledged. Moreover, its application in practice presents a number of challenges. With her new publication, she updates an earlier report on indirect discrimination written in 2008 by presenting developments and challenges in CJEU case law as well as national legislation and case law in the Member States.

Christa Tobler is Professor of European Law at the Institute for European Global Studies. Her research interests include the legal relations between Switzerland and the European Union as well as issues of equality before the law and discriminations.

She has established herself as an expert in the field of indirect discrimination with her habilitation thesis on Indirect Discrimination. A Case Study into the Development of the Legal Concept of Indirect Discrimination under EC Law” (2005) and further research works, among which Das Verbot der indirekten Diskriminierung im bilateralen Recht – Insbesondere im Fluglärmstreit zwischen der Schweiz und Deutschland (with Samuel Schweizer, 2013).

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