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Moser, Martin K.

Von der Wirtschafts- zur Wertegemeinschaft?

Zur Rechtsprechung des EuGH in weltanschaulich sensiblen Bereichen

[From an Economic Community to a Community Based on Values?]

Series:De Gruyter Handbuch

    • Presentation and critical analysis of the European Court of Justice’s case law in areas that involve difficult moral, religious or cultural implications
    • Comprehensive presentation of the court’s interpretation of the principle of non-discrimination
    • Relevant not only for experts in European law, but also significant in a broader (socio-) political sense

    Aims and Scope

    This work critically analyzes and presents the European Court of Justice’s case law in areas involving difficult moral, religious or cultural implications, which touch on the basic societal values that are included in each national legal system as an expression and result of the democratic process.

    Topics addressed include prostitution, gambling, abortion and sexual orientation. The court’s interpretation of the principle of non-discrimination is, of course, thoroughly discussed. In this context, material is closely examined which appears problematic in terms of social and cultural areas and in light of the Federal Constitutional Court’s decision on the Treaty of Lisbon with regard to the postulated protection of a core identity and the substantial authority to arrange family relations.

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