The European Court of Justice and LGBT rights: an analysis from the theories of judicial behaviour

Augello Ruiz, Luca

The European Court of Justice and LGBT rights: an analysis from the theories of judicial behaviour

Citation

Augello Ruiz, L. The European Court of Justice and LGBT rights: an analysis from the theories of judicial behaviour. 2021. handle: http://hdl.handle.net/10230/48267

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Abstract

Building upon the current discussion among scholars regarding the role the European Court of Justice (ECJ), as a fundamental actor in building a far more integrated Union, plays vis à vis the EU member states, this article focuses on the protection the ECJ provides on account of Community legislation to the LGBT community in Europe. We focus on the degree to which the Court faces threats from member governments when ruling on salient issues, such as LGBT rights. Hence, this article posits that even if the European Court of Justice acknowledges the saliency of LGBT issues for national governments, it is still willing to further expand the scope of Community legislation when ruling on cases of alleged gender identity and sexual orientation discrimination.