Acceso usuarios
Anna Rivara
The paper analyses the Ecj's case law on the notion of direct and indirect discrimination, with special regard to the issue of ju-stification. As far as indirect discrimination is concerned a new and worrying aspect is represented by the indíscriminate admittan-ce of justification on grounds of market forces or business necessi-ty. On the contrary as regards direct discrimination, the express admittance of the possibility to justify direct discrimination is so-mething new on itself. Birds Eye Walls case e.g., gives rise to many interesting issues; mainly about the application of the equali-ty rule and the possible forms of the justification.
The Last part of the paper contains some remarks about the principie of effectiveness and its connection with the topic of san-ctions. In the conclusive section the Author points out the necessi-ty to verify and to support the actual application of the equality rules through the principie of «effective transposition» and throu-gh adequate sanctions.
