Anti-discrimination in European Union law: A review specially to directive 2000/78

The issue of fighting discrimination inside the European Union has a long history however it was explicitly included in the Union's acquis following the Amsterdam Treaty. Since that date, primary legal sources including the EU Charter of Fundamental Rights and secondary legal sources such as Directive 2000/78 have become part of the Union's acquis.This first section of the study examines the development process of the prohibition of discrimination in Union law and focusing on primary and secondary legal sources and international agreements. The second section of the study examines Directive 2000/78, which is one of the secondary legal sources of the Union, and provides a general framework for equal treatment in employment and occupation. Firstly, the scope of the directive, the purpose for its enactment, and its general characteristics are discussed. Eventually, the professional requirements and the measures for accommodating positive action included in the directive are examined. In the end, the study addresses the means of seeking remedies, rules of proof, and the concept of victimization introduced to enhance the effectiveness of the directive. In these decisions, the Court of Justice has taken into consideration the general principles of law and interpreted the directive extensively and purposively, resulting in an expansion of its scope. However, it is apparent that the Court of Justice is careful not to encroach upon the discretionary powers of the Member States while adopting this approach. Considering all of these factors, it can be said that the Court of Justice has been a crucial factor in the development of anti-discrimination law, guiding both the Union and the Member States.