THE PURSUIT OF EQUAL EMPLOYMENT OPPORTUNITIES IN THE NEW EUROPEAN LEGAL ORDER

As an on‐going political process, the European Union has had complex effects on the economic and social contract in and between its member countries. Some consequences may not have been expected, and not the least of these has been the way in which the rules developed for the Community have impacted on national sovereign law‐making powers. This was precisely illustrated in a United Kingdom discrimination case about the assessment of compensation. While the national law fixed a compensation limit, the effect of Community law rules was such that this limit had to be ignored by the national courts. Understanding how this result could be achieved is not merely a matter of academic interest. It is important for any business undertaking proposing to establish subsidiaries either in the present Union or in the many Eastern European countries which are lining up to gain membership. More generally, the lessons of the European Union experience can inform debate internationally about securing social rights in trade blocs which have either been recently formed or which are in the process of creation.