This blog is hosted on Ideas on EuropeIdeas on Europe Avatar

On Legal Meaning of Recasting

Racial discrimination. Source: Google images

Racial discrimination. Source: Google images

I happened to read from the Preamble of the Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation that the aim of the Directive was to recast by bringing together in a single text the main provisions existing in the field of equal treatment between men and women – the Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions and Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes that have been significantly amended, and Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women and Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex that also contain provisions which have as their purpose the implementation of the principle of equal treatment between men and women. The recasting also embraces certain developments of the case-law of the ECJ.

Preparing for today’s lecture at the Tallinn University on Equal Treatment under EU Law, I became curious about the meaning of recasting.

Damian Chalmers and Giorgio Monti explain at p. 145 of the book European Union Law. Updating Supplement (Cambridge University Press, 2008) that it means not amending law substantially, but allows the legislator to consolidate in one legislative text for example different directives regulating a certain area, and to make minor amendments to clarify the law. Chalmers and Monti see the most important impact of such recast being consolidation of the provisions regulating a certain area in one legal act (directive in the concrete case).

I understand it so that in addition to the new recasting Equal Treatment Directive, also the directives 75/117/EEC, 76/207/EEC, 86/378/EEC and 97/80/EC regulate the area, which makes the area even more complicated at least for me?

FOLLOW – How the Legal Service of the European Commission explains recasting: http://ec.europa.eu/dgs/legal_service/recasting_en.htm 



Comments are closed.

UACES and Ideas on Europe do not take responsibility for opinions expressed in articles on blogs hosted on Ideas on Europe. All opinions are those of the contributing authors.