The Ada-A Model for Europe with "Sharper Teeth"?

By Rasnic, Carol Daugherty | Labor Law Journal, Spring 2005 | Go to article overview

The Ada-A Model for Europe with "Sharper Teeth"?


Rasnic, Carol Daugherty, Labor Law Journal


...I wish...for the passionate sense of the potential, for the eye which... sees the possible....

Soren Kierkegaard, 19th century Danish philosopher

Kierkegaard's wish might be regarded s a prescient view of a new European legal emphasis on persons with disabilities as human subjects rather than as objects, persons who have the potential and the possibilities to contribute to marketplace productivity. Lawyers who represent clients engaging in business in Europe, particularly clients actually establishing European branches, keeping current on work setting discrimination laws is critical. Two major European Commission (EC) Directives announced in 2000 fundamentally expand anti-discrimination protections for workers.

The first, the so-called Race Directive,1 is the broader of the two in one respect, since it applies across the spectrum. That is, its provisions address not only employment discrimination, but also discrimination in other areas, such as housing, transportation, and education.

The second, the Framework Directive,- although limited to employment law, protects workers from discrimination based upon religion or belief, disability, age and/or sexual orientation. (Prior EC Directives have prohibited discrimination based on sex.3) The year 2003 was the European Year of the Disabled, probably a direct response to this second mandate from the EC. Unarguably, revisions to workplace discrimination laws for persons with disabilities are now on the agenda of domestic legislation in all European Union countries.

This article focuses on developments in the area of discrimination on the ground of disability. It is not a discourse on the Americans with Disabilities Act, and reference is made to that statute only in a comparative sense. The EC has looked to the American statute as a beginning point, and its relevance when analysing the responses to the directive cannot be over-estimated.

SOME EUROPEAN LAW BASICS

There is frequent confusion among Americans with regard to the terms "European Community" or EC (originally "European Communities") and "European Union." Some legal professionals wrongly believe the KC to be defunct and the EU to be the only correct term. "European Union" is the goal pronounced in the Single Europe Act of 1987, but the European Communities is the collective body with law-making powers. Thus, one might speak of "EU law," designating law applicable to those countries in the European Union, or "EC law," the more official term that refers to the actual source of law. The EU, then, is a geographical entity, whereas, "EC" is the reference to the body that adopts and enforces laws.

The EC directive has no counterpart in American jurisprudence. It is a mandate from the EC that states an intended result. The means by which each member state attains this result via the enactment of domestic law is left to the individual member state. The other primary form of European legislation is the regulation, which is immediately effective in all member states without any necessity for domestic law. As a practical matter, the directive has been much more frequently used.

Currently, the adoption of a European Constitution is a topic of considerable controversy, although approval of the draft was actually anticipated for early 2004. The purpose of the 1999 Cologne Council was to draft a Charter and Constitution, and the dilemma of how a country, once admitted to the EU, might later withdraw has finally been addressed in Article 59, Title IX, of the draft. This Charter is incorporated into the proposed constitution as Part II of that document. (The draft was published in 2003.)

Two lingering points of dissension remain: (i) the proposed revamping of voting weights (currently, votes from those member states with the largest population, such as Germany, France, and Italy, are more heavily weighted than are those from the less populated states, a reduction of power that has not been acceptable to the larger members), and (ii) the insistence of countries such as Ireland and Italy that the document contain a reference to the Christian foundation of the European Union. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

The Ada-A Model for Europe with "Sharper Teeth"?
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.