Book Review: Equality and Non-Discrimination in the EU The Foundations of the EU Legal Order by Giovanni Zaccaroni

The main topic of Giovanni Zaccaroni's latest work is equality and non-discrimination within the European Union. The latter two concepts, which are often synonymous with each other, are both essential elements of the EU legal order and modern democracies.

The author has significant legal experience. In addition to being a qualified lawyer, he also works as a researcher, mainly in the fields of EU law, EU constitutional law, fundamental rights, anti-discrimination law and economic governance.

This book is part of a series, which seeks to analyze and present the legal aspects of the European Union. Zaccaroni's work seeks to present the importance of equality in European law and the interaction between the three different dimensions of equality (as a value, a principle and a right) through a whole new way of thinking. Most scientific works to date have with different types and elements of equality (e.g. gender, ethnic equality), but the significance of the concept and its place in different legal systems have been less studied. The author emphasises the interdependence of the dimensions of value, principle and law. Equality as a value has been presented in the principles of the EU from the very beginning, but in order to achieve it, its integration into the legal order is essential. Zaccaroni presents all this through the laws and Directives of the European Union and the rulings of the Court of Justice of the European Union. Basic documents such as the Treaty of Rome or the Charter of Fundamental Rights are discussed, specific EC Directives are presented (e.g. Directive 97/80/EC on the burden of proof in cases of discrimination based on sex), but we can also read about some controversial events such as the Asociaţia Accept case, the Coleman case or the Test-Achats case. The latter and many other cases show how the various equality laws have been applied.

The chapter on ‘equality as a value’ points out that the concept of equality is difficult to define. Zaccaroni highlights the differences between formal and substantive equality, illustrated by a brief example of female quotas. Formal equality means equality before the law, while substantive equality implies equal opportunity measures and positive discrimination of disadvantaged people.

The author breaks down these two categories further, circling the meaning of equality from a number of angles. The positive and negative concepts of equality are an integral part of this chapter. The author returns to the concept of Aristotelian equality from time to time, calling for the help of many other philosophers such as Kant or Pojman.

Equality as a principle is somewhat easier to define, as it forms the basis of the EU legal order, has facilitated and continues to accompany European integration. However, the principle of equality is not an ‘invention’ of the European Union in the fields of national or international law. The principle, if it appears to be independent of the EU, has had a significant impact on the rights and obligations of individuals, in particular, with regard to discrimination based on sex, nationality, age, sexual orientation, disability and religion. For example, the post-Nice case law of the European Court of Justice has linked EU citizenship to non-discrimination and social rights to EU citizenship (vid. Chen and Zambrano cases). The principles therefore have an effect on the rule of law, but cannot be enforced on their own.

Therefore, equality itself is protected by a legal system. This brings us to the chapter on equality as a right. Law is fundamentally different from values and principles in that it serves as a reference in everyday life. That is, it appears as a reference in court proceedings. This chapter focuses mainly on European Union Directives, which show that equality is a key factor in maintaining a balance between economic and social integration.

In his book, Zaccaroni presents the connection between values, principles and rights. According to him, equality as a value has always been present in the EU, which is an integral part of the EU's principles. However, the latter two exist only on a theoretical level, they become feasible and applicable by legislation.

The novelty of the work does not lie primarily in its subject matter, as this has already been researched by several other experts. Oppenheimer, Foster, Han and Ford (2012, 2017, 2020) have devoted an entire series of books to the issue of equality, in which they examine the topic in many countries around the world. Genevey, Pachauri and Tubiana (2013) analyse equality in terms of sustainable development and also globally. Both volumes focus on legal equality among different social categories, such as gender, social, religious affiliation, age and health status. Articles and books have also been produced on the subject of equality, in which it appears as a value or principle (cp. Moss (2014) and Raz (1978)), but these can be seen as much more philosophical than legal work. Zaccaroni combined these three concepts, excellently guiding how an ‘elusive’ principle becomes the foundation of the everyday legal system.

Due to the complexity and language of the work, it may be difficult for a lay reader at first, and some parts require review and background knowledge. For this reason, I would much rather recommend it to professionals or students in social sciences or law who want to understand the legal bases of the European Union and who want to look at the concept of equality from several perspectives.