Date: 2019
Type: Article
Explaining paradigm shifts in Danish anti-discrimination law
Maastricht journal of European and comparative law, 2019, Vol. 26, No. 4, pp. 540-557
MILLER, Jeffrey Archer, Explaining paradigm shifts in Danish anti-discrimination law, Maastricht journal of European and comparative law, 2019, Vol. 26, No. 4, pp. 540-557
- https://hdl.handle.net/1814/65854
Retrieved from Cadmus, EUI Research Repository
The past three decades have witnessed dramatic transformations in Danish anti-discrimination law. Multiple methodologies—from semi-structured interviews and contemporary newspaper articles to empirical analyses of new datasets—are employed to elucidate how and why these shifts occurred. The analysis focuses on the agency of a small group of well-funded and sophisticated legal actors, who first harnessed the power of the preliminary reference procedure to advance gender discrimination claims in the 1980s and 1990s. This strategy was repeated—successfully—when Denmark adopted disability rights legislation for the first time in the 2000s. The present article builds—and offers a fresh perspective—on existing literature that investigates where, why and how Member State courts engage with EU law and the preliminary reference procedure.
Additional information:
First published: 27 August 2019
Cadmus permanent link: https://hdl.handle.net/1814/65854
Full-text via DOI: 10.1177/1023263X19863240
ISSN: 1023-263X; 2399-5548
Publisher: Sage Journals
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