Direct Discrimination: Limited by Definition?

Abstract

As the result of the introduction of new EU equality provisions, a definition of direct discrimination has been included for the first time. Where previously the ECJ had considerable flexibility to develop the concept of direct discrimination and to focus on the principle of equality without recourse to a detailed legislative structure based on direct and indirect discrimination, there are now defined concepts within the scope of the equality directives. Considered against the background of previous decisions on equal treatment and equal pay, it is questioned whether the newly defined concept of direct discrimination may in fact limit the scope for future flexibility.