Original scientific paper
New standards of Croatian and European anti-discrimination legislation
Ana Horvat
; Faculty of law, University of Zagreb, Zagreb, Croatia
Abstract
The author considers the provisions of the new Act on the Elimination of Discrimination, enacted in the fulfillment of Croatia's obligations of transposing two of the European Union anti-discrimination legal instruments - Directives 2000/43/EC and 2000/78/EC. She defines the novelties introduced by this Act into Croatia's legal order in view of new forms and grounds of discrimination, as well as new procedural means of the fight against discrimination. She particularly pays attention to the way in which the obligation to institute an equality body has been fulfilled. Since the tasks of this body in Croatia have been entrusted to the already existing institutions of parliamentary and specialized ombudsmen, she questions not only to what extent that solution is satisfactory given the demands of the Directives, but also how it is justified teleologically, especially given the substantive and functional guarantees of their performance. With this aim, she uses comparison to the European Union Member States' experiences, especially the comparative data of those among them that have also entrusted the equality body's tasks to their ombudsmen.
Keywords
Act on the elimination of discrimination; European Union; ombudsman; discrimination
Hrčak ID:
30727
URI
Publication date:
15.12.2008.
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