CJEU rejects abusive “anti-discrimination” claim

vexatious-litigant-family-lawIn a judgment released today the Court of Justice has at last recognized what legal experts have been warning about for many years: the EU’s sweeping “anti-discrimination” legislation can easily be misused by quarrelsome litigants.

In today’s decision in the case of Nils-Johannes Kratzer v R+V Allgemeine Versicherung AG (Case C-423/15), it is therefore clarified that law courts must verify whether a plaintiff has applied for a job because he was genuinely interested, or only for the purpose of making his application the basis of a vexatious lawsuit.

Mr. Kratzer claimed to have been the victim of “age discrimination”. The CJEU’s judgment can however apply to all kinds of discrimination claims, including those based on alleged discrimination on grounds of “gender” or “sexual orientation”.

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Surrogacy: the ECtHR (yet again) fails to address the real issue

224657On 21 July 2016, the European Court of Human Rights has a new judgment concerning cases of two cases of (illegal) commercial surrogacy. The applications in Foulon and Bouvet v. France (Nos 9063/14 and 10410/14) challenged the refusal by the French authorities to transcribe the parentage established in India for children born through commercial surrogacy. Applying its established case-law in the cases of Mennesson and Labassee (2014), the Court found that France had violated the right to respect for their privacy of the children concerned, while rejecting the allegation of a violation of family life of the adult children-buyers. Continue reading

US Elections: What is really at stake

0412trumpclintonmissouriThe stream of incredible news about US presidential hopeful Donald Trump seems endless. We seem to have already grown use to his coarse language, and to his promises of shutting the frontier to Mexican and/or Muslim immigrants. The latest news is that he wants the US to leave the World Trade Organization (!) and that he does not consider it worthwhile to support Estonia or other NATO partners in the (hypothetical) case of a Russian aggression.

Both suggestions are of course nonsense. Dangerous nonsense. Dangerous both for the US and for the rest of the world.

With regard to Hillary Clinton, the (Western European) mass media seem far less critical. This is unfortunate. While there is no doubt that the possible election of Donald Trump should be a reason for concern for any serious-minded observer, the election of Hillary Clinton would hardly be better. Continue reading

Same-sex “parenting” makes children suffer

297ea85f-34b6-4676-9d12-3b7f1d302a50-2060x1236In the first study to examine children raised by same-sex parents into early adulthood, Prof. Paul Sullins showed that problems like depression and obesity appear to a greater degree than in the general population.

Same-sex parented adults were almost twice as likely to be obese (72% compared to 37% of the comparison group). This high prevalence is related to previous studies showing higher incidence of obesity in lesbians compared to their female cohort, Sullins says. Continue reading

According to the US Supreme Court, abortion should be neither safe nor rare

If, as some “liberal” politicians claim, abortion should be “safe, rare, and legal”, then the Texas statute that the US Supreme Court has struck down through yet another of its law-bending judgments, must have been exactly to their taste: in order to guarantee the safety of women seeking abortion, it required abortion clinics to have admitting privileges at a hospital within 30 miles. Continue reading

Never change a winning team

ein-eingespieltes-team-euShould we laugh or cry? In an interview with a German newspaper, Jean-Claude Juncker has said that he should remain at the head of the European Commission, and Martin Schulz, whose term as President of the European Parliament will end soon, should get a prolongation. According to him “there is no need to change a successful team”.

Successful??? How many Brexits do we still need before these Mandarins get the message?