EU Race Discrimination Law: A Hybrid Model?
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Description
Taking the example of the European Union (EU) Race Discrimination Directive, this chapter takes the basic intuition of the experimental governance literature, that in seeking to achieve public interest objectives and to provide for public welfare ‘instead of issuing detailed regulations, or specifying how services are to be provided, the state would set general goals, monitoring the efforts of appropriate actors to achieve those goals by means of their own devising’, and contrasts this with what will be called a human rights perspective. From a human rights perspective, the experimental governance approach raises the concern that, once characterised primarily in terms of flexible goals, important commitments may become empty of content and, if not expressed in more substantive and specific terms, their delivery will not be susceptible to any meaningful accountability. Starting out from this point of contrast between the human rights approach and the new governance approach, the chapter uses the example of EU anti-discrimination law in the field of race to out- line a hybrid approach which jettisons neither the commitments of the rights approach nor the experimentalism of the new governance approach, but which seeks to combine the essential strengths of each.
Source Publication
Law and New Governance in the EU and the US
Source Editors/Authors
Gráinne de Búrca, Joanne Scott
Publication Date
2006
Recommended Citation
de Búrca, Gráinne, "EU Race Discrimination Law: A Hybrid Model?" (2006). Faculty Chapters. 323.
https://gretchen.law.nyu.edu/fac-chapt/323
