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'The first new target for the Europe 2020 Strategy is an employment rate of 75%. The focus is on increasing labour market participation of women, young, older workers and legal migrants. This ambitious political objective must be read in conjunction with a very powerful legal instrument: EU equality law. It for example prohibits discrimination between male and female workers. EU equality law is a most useful tool to increase the competitiveness of European labour markets while reducing inequalities.
EU equality law is therefore developing very rapidly, too quickly. The prohibition to discriminate prevents decision-makers from freely making strategic choices: for example the prohibition of age discrimination prevents employers from having a recruitment policy focused on 'young' applicants. Equality law limits individual (economic) freedoms. These negative effects of EU Equality law have not been sufficiently explored and considered by policy makers. This proposal fills this gap: it will suggest safeguards to ensure that the rapid expansion of EU equality law is complemented with adequate protection of individual freedoms.
The research will identify the constitutional checks and balances normally required in the rule of law for intervention by a supra-national entity (such as the EU) in individual freedoms. It will then identify the areas of EU equality law that are most restrictive of individual freedoms. Finally, it will draw conclusions on the exact additional institutional guarantees needed to compensate for the limitations placed on individual freedoms by EU Equality law. This will result in suggestions for legislative reform and coherent judicial policy, they are necessary before any further development of EU equality law.
The applicant wishes to become an internationally recognised expert on EU equality and constitutional law and to gain access to Dutch Academia. Maastricht Law Faculty will provide expert supervision and excellent career perspectives.'
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