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Women's rights, the European Court and supranational constitutionalism

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Article

Cichowski, Rachel A.

Law and Society Review

2004

38

3

489-512

constitutional law ; equal employment opportunity ; equal rights ; EU Court of Justice ; EU law ; implementation ; women ; womens rights

EU countries

Human rights

English

04.02-41580

"This analysis examines supranational constitutionalism in the European Union (EU). In particular, the study focuses on the role of the European Court of Justice in the creation of women's rights. I examine the interaction between the Court and member state governments in legal integration, and also the integral role that women's advocatesboth individual activists and groupshave played in the development of EU social provisions. The findings suggest that this litigation dynamic can have the effect of fueling the integration process by creating new rights that may empower social actors and EU organizations, with the ultimate effect of diminishing member state government control over the scope and direction of EU law. This study focuses specifically on gender equality law yet provides a general framework for examining the case law in subsequent legal domains, with the purpose of providing a more nuanced understanding of supranational governance and constitutionalism."(Author's abstract)

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