Johanna Croon-Gestefeld, Reconceptualising European Equality Law: A Comparative Institutional Analysis. Oxford: Hart Publishing, 2017. 282 pages. ISBN: 9781509909667. GBP 32.40.

EU equality law – that is to say, the system of rules relating to equality and non-discrimination at supranational level – represents one of the central issues in the European integration process: not only is it the subject of significant developments in practice, but it has also assumed a prominent position in legal analysis. That said, it seems that the doctrine of equality at EU level still remains in the shadows – starting from the understanding of the concept of equality, the boundaries of which are often blurred. The ECJ’s attitude is illustrative, taking equality and non-discrimination to be two interchangeable concepts shaping a single fundamental principle of EU law. For the Court, “the principle of equal treatment and non-discrimination requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified” (Case C-195/12, Industrie du bois de Vielsalm). But the lack of clarity in the ECJ’s case law stems not only from the ambiguity surrounding the notion of equality in EU law; it is also a consequence of the ECJ’s casuistic approach – particularly when it comes to implementing the test used to scrutinize compliance with the equality principle, and that scrutiny’s level of intensity – which makes it difficult to reconstruct a consistent equality doctrine on the basis of that case law. Moreover, if one considers some recent Eureopan developments that are likely to affect the way EU equality law is implemented and understood – e.g. the economic and financial crisis of 2007–2008 and its impact on the supranational legal order, Brexit, the Union’s “existential crisis,” and the growing interest in differentiated integration among Member States – it becomes increasingly evident that this peculiar system of rules needs further study. Against this backdrop Croon-Gestefeld’s book is a timely contribution providing insight into the issues at stake.