Legal Context : European Union Law

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Legal Context: European Union law Article 6(3) Treaty on European Union (TEU) states that, ‘fundamental rights shall constitute general principles of the Union’s law’. Member States and EU institutions are obliged to act in accordance with the principle of equality, since it is recognized as a fundamental right and is protected by the Union’s law. For the Charter of Fundamental Human Rights, Article 6(1) TEU confirms its legal status equal to any other EU Treaties. Therefore, obligation to comply with the Charter’s objectives by Member States and EU institution applies as well. Article 21 and 23 of the Charter enshrines equality between men and women for citizens of the Member States into EU law. Therefore, purpose of the Directive 2004/113/EC in question , which is to prohibit discrimination based on sex, shall be observed. Member States’ positive obligation to take appropriate measures in accordance with EU Treaties and the Charter is set out under Article 4(3) TEU. Any derogation from the Union’s Law will not be justified and will be deemed inconsistent with the Treaty, unless the Treaty confers such power to Member States expressly. The Directive in concern expressly allows derogation for Member States to decide on when situations will be deemed permissible. In some occasions, EU Treaty confers upon Member States power to act unilaterally, however the discretion is limited. It can only be conferred upon expressly by Article 4 TEU. Moreover, Member States are
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