The Transposition of EU Antidiscrimination Legislation into German Labour Law. WP C.S.D.L.E. "Massimo D'Antona" .INT - 53/2007

Fuchs, Maximilian. (2007) The Transposition of EU Antidiscrimination Legislation into German Labour Law. WP C.S.D.L.E. "Massimo D'Antona" .INT - 53/2007. [Working Paper]

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Abstract

Before I get down to the main focus of my topic, the transposition of European anti-discrimination directives into German labour law I would like to give a short overview of the legal situation that existed before the German legislator transposed the directives. There are two reasons for this. Firstly, we will be able to retrace the extent to which the German legislator had been in a position to make an effective contribution to combating discrimination before Art. 13 was included in the EC Treaty by the Treaty of Amsterdam, which was the basis for then enacting the antidiscrimination directive. Secondly, even after the enactment of this directive it was generally believed in Germany that no transposition was in fact necessary as its essential elements were already anchored in German law….As you probably know, Germany has missed nearly every deadline provided for in the European directives combating discrimination. And it was only in August 2006 that Germany discharged its duties under European law. In the following I shall present the various attempts made in my country to transpose the directives and to show the difficulties and hurdles which could not be overcome. It is a story of the clashes between different legal orders, the European legal order and the domestic German legal order, clashes I would say, between different legal mentalities.

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