Object's details: The principle of the reversal of the burden of proof in anti-discrimination cases in the context of the Court of Justice of the European Union C-81/12 and C-415/10

Provider:Platforma Otwartych Czasopism Naukowych UAM

Description

Title:
The principle of the reversal of the burden of proof in anti-discrimination cases in the context of the Court of Justice of the European Union C-81/12 and C-415/10
Creator:
Tyc, Aneta
Description:
The author of the article refers to two judgements of the Court of Justice of the European Union, which relate to the principle of the reversal of the burden of proof in anti-discrimination cases. She focuses on the facts, from which it may be presumed that there has been discrimination. It cannot be ruled out that a defendant’s refusal to grant any access to information may be one of the factors to take into account in the context of establishing facts from which it may be presumed that there has been direct or indirect discrimination (C-415/10). Public statements ruling out the recruitment of a footballer presented as being homosexual are considered to be “the facts from which it may be presumed that there has been discrimination, even though they come from a person presenting himself and being perceived in the media and among the general public as playing a leading role in that club without, however, necessarily having legal capacity to bind it or to represent it in recruitment matters (C-81/12).;
The author of the article refers to two judgements of the Court of Justice of the European Union, which relate to the principle of the reversal of the burden of proof in anti-discrimination cases. She focuses on the facts, from which it may be presumed that there has been discrimination. It cannot be ruled out that a defendant’s refusal to grant any access to information may be one of the factors to take into account in the context of establishing facts from which it may be presumed that there has been direct or indirect discrimination (C-415/10). Public statements ruling out the recruitment of a footballer presented as being homosexual are considered to be “the facts from which it may be presumed that there has been discrimination, even though they come from a personpresenting himself and being perceived in the media and among the general public as playing a leading role in that club without, however, necessarily having legal capacity to bind it or to represent it in recruitment matters (C-81/12).
Object availability:
free access
Date:
2015.06.07
Type:
info:eu-repo/semantics/article;
info:eu-repo/semantics/publishedVersion;
Artykuł naukowy
Language:
Polish;
pol
Source:
Przegląd Prawniczy Uniwersytetu im. Adam Mickiewicza; Vol. 5 (2015); 225-233;
Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza; Tom 5 (2015); 225-233;
2450-0976;
2083-9782
Format:
application/pdf
Publisher:
Adam Mickiewicz University Poznan
Relation: http://pressto.amu.edu.pl/index.php/ppuam/article/view/5663/5739
Subject:
Court of Justice of the European Union;
judgement C-415/10;
judgement C-81/12
Identifier: http://pressto.amu.edu.pl/index.php/ppuam/article/view/5663
Data provider:
Platforma Otwartych Czasopism Naukowych UAM

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