ABSTRACT

This chapter focuses on Article 10 TFEU and its integration principle and carried out an assessment of the impact of the new provision in the Lisbon Treaty concerning the non-discrimination mainstreaming in the main EU policies, from the legislative making, judicial interpretation and enforcement perspectives. Equality needs to be taken into account during policy formulation, implementation and evaluation. The duty provided in Article 10 TFEU is of mainstreaming, which seeks to change the mindset of policymakers in order that equality becomes a central concern. The chapter demonstrates how the attitude of the European Commission towards an adequate non-discrimination mainstreaming appears to be reinforced with the entry into force of the Lisbon Treaty. Though the Lisbon Treaty did not alter the nature of the legal basis for the adoption of harmonisation measures in the field of anti-discrimination, in some respects Article 10 TFEU partially waters down this failure.