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The problem of the burden of proof in the case-law of the Court of Justice of the EU

Publication at Faculty of Law |
2016

Abstract

Proving discrimination is a key problem of European and national anti-discrimination law. The aim of this paper is to briefly reflect on the way in which EU anti-discrimination law deals with this challenge.

Emphasis will be placed on addressing the burden of proof in the current case law of the Court of Justice of the EU and on major conceptual and practical problems connected to the shift of the burden of proof on the defendant.