1. Basic Legal Techniques for Jurists (35205) Group: AR Student: Eetu-Pekka Parkkinen Teacher: Jose Garcia Añon PRESENTATION

2. THE JUDGMENT of the European Court of Justice 28.3.2000: CASE C-158/97 AKA Application by BADECK

4. HGIG

5. vs.

6. The constitution of Land of Hesse with EU Directive

8. So technically a law that promotes equal rights between genders in Hesse What is HGIG??

10. Par. 3: “Departments shall be obliged, by means of women's advancement plans and other advancement measures, to work towards equality of women and men in the public service and the elimination of under-representation of women and to eliminate discrimination on grounds of sex and family status. ”

12. Par. 9: Interviews for a sectors, where women are under-represented, as many women as men or all the women shall be called to interview

14. 2. to the Principle of Equal Treatment

15. 3. to the European Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions

17. Article 2.1: , the principle of equal treatment shall

18. mean that there shall be no discrimination whatsoever

19. on grounds of sex either directly or indirectly by

20. reference in particular to marital or family status. What is Principle of Equal Treatment?

22. the European Court of Justice (ECJ)

24. Directive 76/207/EEC Article 2.1. For the purposes of the following provisions, the principle of equal treatment shall mean that there shall be no discrimination whatsover on grounds of sex either directly or indirectly by reference in particular to marital or family status. Article 2.4. This Directive shall be without prejudice to measures to promote equal opportunity for men and women, in particular by removing existing inequalities which affect women's opportunities in the areas referred to in Article 1 (1). Article 1.1. The purpose of this Directive is to put into effect in the Member States the principle of equal treatment for men and women as regards access to employment, including promotion, and to vocational training and as regards working conditions and, on the conditions referred to in paragraph 2, social security. This principle is herinafter referred to as "the principle of equal treatment."

25. But before the Judgment, let us think the perspectives of both sides, mainly women's and men's. What problems could the judgment rise???

27. The Principle of Equal Treatment would in legal logic be compatible with the ECJs conclusion -> no discrimination between sexes at all when applying a job

28. Men would not have to feel that they were not selected because of their sex

29. Member States could use this case law to justify the abolition of quotas for women in job markets -> division of jobs according to sex would increase

31. Women would have better chances to integrate themselves to jobs that are culturally biased to only men -> it would gradually diminish the social prejudice about which jobs belong to only women and to men

32. The chances rise that men candidates are not chosen because of their sex

34. the Directive does not preclude HGIG and its provisions about advancement plans for women

35. And also that:

36. There is nothing unlawful about the rule to prefer women candidates over men, if :

38. Both male and female candidates have equal qualifications

39. Individual circumstances of male and female candidates are taken in to account

40. The decision for women candidate is not absolute and automatic

41. Recent happenings in Great Britain about supporting women applicants in job markets:

43. There were also people who found positive discrimination or action bad...

44. Chris Ward - Speech against positive discrimination at Lib Dem Conference 2010

46. -> names of the parties: Badeck

47. -> court: Court of Justice

48. Also used Google.com to gather a general opinion what Case-law C-158/97 or Badeck had risen in the public

51. Second : Case-laws and the decisions of the European Court of Justice will affect the Member States' policy greatly -> but it can have expected and also unexpected results (like in this case, Great Britain discrimination of equally qualified men)

52. Third : People will always have different opinions and they always have the ability to interpret law clauses differently -> law, although written, can still cause different opinions -> law has the ability to lose its original meaning

53. Critical reflection about the course

55. - I really liked the activities when we did things together -> helps people to know others and theirselves (in a group)

56. - Teacher was helpful and one could easily approach and ask questions from him

57. - tasks and activities were said usually clearly

58. - I got to know new people and about Spanish law and legislation

60. - there were maybe too much computer using for the tasks in the class -> which resulted that people were surfing on Facebook while teacher tried to explain the task or topic

61. - the main point or the reason, why are we learning this or doing this today, sometimes did not reach the students

62. Thank You! I had fun being on this course!!