Abstract/Summary

The chapter analyses the impact of the Framework Equality Directive 2000 (Directive 2000/78) on the protection of LGB individuals and same-sex couples from discrimination under EU law. The analysis begins by explaining that until the adoption of the Framework Equality Directive 2000, the only steps that the EU took for the protection of the rights of LGB persons and same-sex couples consisted of soft law measures which, as such, lacked teeth. The chapter then proceeds to analyse Dir. 2000/78, demonstrating how it has improved the position of LGB persons and same-sex couples under EU law but also highlighting its shortcomings. Moreover, it considers whether the gaps in protection left by the Directive are satisfactorily filled by other instruments, in particular by the EU Charter of Fundamental Rights (EUCFR). Apart from a detailed analysis of Dir. 2000/78 and other relevant legislation, the chapter also critically assesses the judgments by the CJEU that offer an interpretation of the above instruments.