This Comment asserts that although the Court of Justice may not have employed well-defined judicial principles, Marshall II nevertheless harmonizes the application of the Equal Treatment Directive in Member State courts. Part I explores how directives are enacted by the Council and enforced by the Court of Justice. In addition, Part I discusses the Equal Treatment Directive, as well as Marshall I , the precursor to Marshall II. Part II sets forth the factual and procedural history of Marshall II and examines the opinion of the Court. Part III argues that the Court of Justice, in Marshall II, engaged in judicial activism to significantly increase the power of the Equal Treatment Directive. This Comment concludes that Marshall II promotes uniformity in the remedies that individuals receive for their Member States' violations of the Equal Treatment Directive.
Gina L. Ziccolella,
Marshall II: Enhancing the Remedy Available to Individuals for Gender Discrimination in the EC,
18 Fordham Int'l L.J. 641
Available at: http://ir.lawnet.fordham.edu/ilj/vol18/iss2/8