ImplementingEU Non-Discrimination Directives: Typologies of legal transplanting

The article explores opportunities and barriers of implementing the EU's four non-discrimination directives (200/43/EC on discrimination on grounds of racial and ethnic origin, 2000/78/EC on discrimination in employment on grounds of religion, belief, disability, age and sexual orientation, and Directive 2002/73/EC on gender equality in employment as well as Directive 2004/113/EC on gender equality in access to and provision of goods and services). Identifying the predominant orientation of the directives on discrimination law in common law countries such as the UK and the US, the chapter uses the metaphor of transplantation, as frequently analysed in comparative law, to identify the potential hurdles for effective implementation, as well as useful ways forward.