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A Right to Care?Unpaid Work in European Employment Law$
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Nicole Busby

Print publication date: 2011

Print ISBN-13: 9780199579020

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199579020.001.0001

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The Case Law of the Court of Justice of the European Union

The Case Law of the Court of Justice of the European Union

Chapter:
(p.133) 6 The Case Law of the Court of Justice of the European Union
Source:
A Right to Care?
Author(s):

Nicole Busby (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199579020.003.0006

This chapter considers the Court's jurisprudence in cases concerning the reconciliation of paid work and unpaid care. Its proactive stance in applying teleological reasoning to interpret the Treaties' provisions, criticised by some as judicial activism, is in fact the expression of a crucial function which ensures the effective operation of EU law. Whether the Court has always utilised its potential effectively in reconciling the personal and professional lives of claimants provides the main focus of the chapter which considers the specific issues with which it has been confronted and identifies the particular ideology underpinning its treatment of such cases. Where the Court has been faced with a range of possible conceptual tools, the application of which may produce different results, it is possible to ascertain whether certain principles have trumped others, for example, to prioritise market-making over the pro-regulatory stance necessary for the attainment of substantive equality.

Keywords:   jurisprudence, teleological reasoning, market-making, equality

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