Martijn van den Brink's Avatar

Martijn van den Brink

@martijnvandenbrink.bsky.social

Associate professor EU Law, Leiden university EU lawyer. Writes about EU institutions, EU citizenship, free movement, and anti-discrimination law.

2,000 Followers  |  193 Following  |  7 Posts  |  Joined: 24.10.2023  |  1.838

Latest posts by martijnvandenbrink.bsky.social on Bluesky

Great news for everyone who would like to participate in the ELU-S conference but didn't find the time in recent weeks to initiate a panel or submit a paper - the submission deadline has been extended to 15 April!!

14.03.2025 10:08 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
This is a screenshot of the abstract of Nozizwe's article published in the Common Market Law Review, titled "A Typology of Comparators and Comparisons in EU Equality Law".

The abstract is as follows:
"Comparison plays a sacramental role within EU equality law. However,
comparison also deflects EU equality law from its main task: identifying
and dismantling systems of marginalization that cause discrimination.
This article disrupts the prevailing narrative about comparison as an
inescapable feature of equality analysis. A closer look at comparison
reveals its objective veneer that conceals its commitment to sustaining a
formal model of equality. This makes equality law an assimilationist,
instead of an inclusive device. By deviating from comparison, EU equality
law can advance towards an inclusive understanding of equality that
centres intersectionality. The key therefore lies in the development of
comparator-free equality analysis, which relies on the understanding that
discrimination is contingent on unequal power and resource distribution,
creating systems of marginalization. Hence, instead of comparing a
claimant to a decontextualized intercategorical or intracategorical
comparator, comparator-free analysis conducts a dignitary harm
assessment whereby discrimination is contextualized in the past and
contemporary patterns of disadvantage underlying it to establish a prima
facie case of discrimination."

This is a screenshot of the abstract of Nozizwe's article published in the Common Market Law Review, titled "A Typology of Comparators and Comparisons in EU Equality Law". The abstract is as follows: "Comparison plays a sacramental role within EU equality law. However, comparison also deflects EU equality law from its main task: identifying and dismantling systems of marginalization that cause discrimination. This article disrupts the prevailing narrative about comparison as an inescapable feature of equality analysis. A closer look at comparison reveals its objective veneer that conceals its commitment to sustaining a formal model of equality. This makes equality law an assimilationist, instead of an inclusive device. By deviating from comparison, EU equality law can advance towards an inclusive understanding of equality that centres intersectionality. The key therefore lies in the development of comparator-free equality analysis, which relies on the understanding that discrimination is contingent on unequal power and resource distribution, creating systems of marginalization. Hence, instead of comparing a claimant to a decontextualized intercategorical or intracategorical comparator, comparator-free analysis conducts a dignitary harm assessment whereby discrimination is contextualized in the past and contemporary patterns of disadvantage underlying it to establish a prima facie case of discrimination."

Equality law is an inherently comparative framework, as a claimant must compare themselves to a comparator to establish a presumption of discrimination.
What types of comparisons are used in equality claims? Is relying on comparators desirable in equality law?
My piece discussing this is out:

14.02.2025 12:03 β€” πŸ‘ 21    πŸ” 7    πŸ’¬ 1    πŸ“Œ 1

The call for papers for the ELU-S inaugural conference is out!

More information on how to submit your abstracts is available here: europeanlawunbound.eu/annual-confe...

We look forward to receiving your paper and panel submissions and seeing you in Prague!

13.02.2025 08:44 β€” πŸ‘ 1    πŸ” 2    πŸ’¬ 0    πŸ“Œ 0
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Getting started on BlueSky with our call for papers for the 2025 EuConst Symposium, which we will host at Luiss University in the beautiful city of Rome on June 24. We welcome abstracts on any theme of European and comparative constitutional law. Application deadline March 3.

21.01.2025 08:49 β€” πŸ‘ 33    πŸ” 27    πŸ’¬ 0    πŸ“Œ 6
Why the European Law Unbound Society?
YouTube video by ELU-S Why the European Law Unbound Society?

Why do we need a new academic society for scholars interested in law in Europe? We've asked GrΓ‘inne de BΓΊrca to share her thoughts on this question. See the video πŸ‘‡

This is the first in a series of videos we will upload before the launch of the Call for Papers in a few weeks. Please stay tuned!

21.01.2025 08:35 β€” πŸ‘ 5    πŸ” 3    πŸ’¬ 0    πŸ“Œ 1
Airbnb, the city, and the drive for European integration | European Law Open | Cambridge Core Airbnb, the city, and the drive for European integration


On First View: @dionkramer.bsky.social on the ways EU Law impacts on local efforts to keep cities from being Airbnbanised. Just wonderful work.

www.cambridge.org/core/journal...

09.01.2025 10:04 β€” πŸ‘ 7    πŸ” 3    πŸ’¬ 0    πŸ“Œ 1
Preview
European Law Unbound Society – ELU-S Elevate your business with Avada Corporation. Create a professional, dynamic WordPress website tailored to meet your corporate needs and impress clients.

And we have a website πŸ˜πŸ‘‡

europeanlawunbound.eu

New features will be added in the new year, including a membership area, but information about ELU-S and the inaugural conference is already available online!

24.12.2024 12:03 β€” πŸ‘ 7    πŸ” 6    πŸ’¬ 0    πŸ“Œ 0
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Here's a little foretaste of the program of our inaugural conference in Prague on Sept. 25-27, 2025.

VΔ›ra JourovΓ‘ will give the keynote speech. In addition, we have put together four exciting panels with wonderful speakers πŸ‘‡

@marijabartl.bsky.social @candidaleone.bsky.social

17.12.2024 08:26 β€” πŸ‘ 2    πŸ” 3    πŸ’¬ 0    πŸ“Œ 1
Latest issue | European Law Open | Cambridge Core European Law Open


We're experimenting a new marketing technique- sending out notice of our latest issue to zero followers. What can go wrong?

www.cambridge.org/core/journal...

11.12.2024 00:45 β€” πŸ‘ 23    πŸ” 13    πŸ’¬ 0    πŸ“Œ 1
Political, not (just) legal judgement: studying EU institutional balance | European Law Open | Cambridge Core Political, not (just) legal judgement: studying EU institutional balance - Volume 3 Issue 2

New article out in European Law Open: 'Political, not (just) legal judgement: studying EU institutional balance'

The article is part of the Symposium "New Interdisciplinary Perspectives in EU Law" edited by @jamayoral.bsky.social Sabine Mair & Shai Dotan

www.cambridge.org/core/journal...

10.12.2024 08:01 β€” πŸ‘ 7    πŸ” 2    πŸ’¬ 0    πŸ“Œ 0

@uvalawschool.bsky.social @martijnhesselink.bsky.social @diamondashiagbor.bsky.social @marijabartl.bsky.social @candidaleone.bsky.social

09.12.2024 10:46 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

A new scholarly society focusing on European Law and Law in Europe has been launched.

See below for a save the date for the ELU-S inaugural conference

A call for papers and panels will be opened soon! Please share this information and follow the ELU-S Bluesky page for updates.

09.12.2024 09:32 β€” πŸ‘ 11    πŸ” 5    πŸ’¬ 1    πŸ“Œ 0

I highly recommend these books. Together, they greatly enhance our understanding of the institutional choices made in EU lawmaking and challenge some widely held beliefs about EU law. In my essay, I explain why. Β 

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24.04.2024 06:19 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
Preview
Institutional Choice in the Internal Market Click on the article title to read more.

New OA publication, out now in the Modern Law Review!

In this essay, I review recent books by JanZglinski, VVelyvyte, and NΓ­ Chaoimh, all three of which examine the institutional choices involved in the making of the internal market:

onlinelibrary.wiley.com/doi/10.1111/...

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24.04.2024 06:18 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0
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πŸŽƒπŸ¦‡ Join us on Halloween for our next European Governance Colloquium, where @svenschreurs.bsky.social will present his research on the EU Minimum Wage Directive.

Register here: www.delorscentre.eu/en/events-at...

25.10.2023 13:19 β€” πŸ‘ 6    πŸ” 2    πŸ’¬ 0    πŸ“Œ 0

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