| Original language | English |
|---|---|
| Pages (from-to) | 273-299 |
| Number of pages | 27 |
| Journal | Maastricht Journal of European and Comparative Law |
| Volume | 7 |
| Issue number | 3 |
| DOIs | |
| State | Published - 1 Sep 2000 |
| Externally published | Yes |
Bibliographical note
Funding Information:1. H. H. Weiler, 'A Quiet Revolution, The European Court of Justice and Its Interlocutors', 26 Comparative Political Studies (1994), 510. The Court's awareness of the political implicationsof its rulings, and its willingness to be mindful of the State's sensitivity to certain issues, serves as the main justification for judicial self-restraint. It might be mentioned that in Grant, the French Government intervened and supported the argument put forward by the UK. Following Garrett, Kelemen and Schultz, such inter-state politics are very important since there are low chances that the Court will go against the wish of the Member States, G. Garrett et al, 'The European Court of Justice, National Govermnents and Legal Integration in the European Union', 52 International Organization (1998), 149. See for a different opinion, J. H. H. Weiler, 26 Comparative Political Studies (1994), 510, 525; K. J. Alter, S. Meunier-Aitsahalia, 'Judicial Politics in the European Community, European Integration and the Pathbreaking Cassis de Dijon Decision', 26 Comparative Political Studies (1994), 535. A. Lengauer, 'The New General Principle of Non-Discrimination in the EC Treaty as Amended by the Treaty of Amsterdam', 3 Austrian Review ofInternational and European Law (1998), 369, 380; L. Flynn, 'The Implicationsof Article 13 EC - After Amsterdam, WillSome Forms of Discrimination Be More Equal than Others?' 36 Common Market Law Review (1999), 1127. K. Langenbucher, 'Argument by Analogy in European Law', 57 Cambridge Law Journal (1998),481. The analogy being: if tolerating discrimination against a transsexual person would be a 'failure to respect the dignity and freedom to which he or she is entitled' then to permit discrimination against someone on the grounds that he or she is gay or lesbian must surely also represent such a failure. See A. Campbell, H. Lardy, 'Discrimination against Transsexuals in Employment', 21 European Law Review (1996), 412, 417; L. Flynn, 'Case Note', 34 Common Market Law Review (1997), 367.