A Rights Revolution in Europe? Regulatory and judicial approaches to nondiscrimination in insurance
No 8, Europe in Question Discussion Paper Series of the London School of Economics (LEQs) from London School of Economics / European Institute
In a recent decision, the European Court of Justice has ruled that insurers cannot discriminate on grounds of sex in setting premiums or determining benefits. This paper discusses the background to this decision. It asks whether we are seeing a US-style ‘rights revolution’, fuelled by judicial activism, as suggested by Dobbin et al’s hypothesis of ‘the strength of weak states’ or Kagan and Kelemen’s account of ‘adversarial legalism’. It is shown that neither of these theories captures the distinctive nature of the ECJ’s intervention. An industry-friendly policy was pursued in regulatory venues, but this was overridden by the ECJ’s interpretation of the fundamental right of equal treatment. However, it is also shown that the judicial defence of fundamental rights is a weak basis for social policy, and does not foreshadow a revolution in the development of social rights in Europe.
Keywords: gender policy; non-discrimination (search for similar items in EconPapers)
New Economics Papers: this item is included in nep-hme
References: View references in EconPapers View complete reference list from CitEc
Citations: Track citations by RSS feed
Downloads: (external link)
http://www.lse.ac.uk/europeanInstitute/LEQS/LEQSPaper38.pdf Full text (application/pdf)
Our link check indicates that this URL is bad, the error code is: 404 Not Found (http://www.lse.ac.uk/europeanInstitute/LEQS/LEQSPaper38.pdf [301 Moved Permanently]--> https://www.lse.ac.uk/europeanInstitute/LEQS/LEQSPaper38.pdf)
This item may be available elsewhere in EconPapers: Search for items with the same title.
Export reference: BibTeX
RIS (EndNote, ProCite, RefMan)
Persistent link: https://EconPapers.repec.org/RePEc:erp:leqsxx:p0038
Access Statistics for this paper
More papers in Europe in Question Discussion Paper Series of the London School of Economics (LEQs) from London School of Economics / European Institute
Bibliographic data for series maintained by Katjana Gattermann ( this e-mail address is bad, please contact ).