The article considers the relationship and balance between freedom of economic initiative and obligations deriving from anti-discrimination laws. After providing a theoretical framework of the problem of the limits to contractual autonomy arising from the horizontal application of fundamental rights (Drittwirkung), the work focuses on its most recent developments, especially in case law, from a comparative perspective. It identifies the paradoxes and logical inconsistencies that characterise the traditional approaches, and puts forward an alternative conceptual framework.
‘Offers they can’t refuse’: assessing the impact on business and society at-large of the recent fortune of anti-discrimination laws and policies
de caria
2021-01-01
Abstract
The article considers the relationship and balance between freedom of economic initiative and obligations deriving from anti-discrimination laws. After providing a theoretical framework of the problem of the limits to contractual autonomy arising from the horizontal application of fundamental rights (Drittwirkung), the work focuses on its most recent developments, especially in case law, from a comparative perspective. It identifies the paradoxes and logical inconsistencies that characterise the traditional approaches, and puts forward an alternative conceptual framework.
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