Judicial) dialogue, EU law on non-discrimination and “Hate” related provisions: synchronization of hard law and soft law instruments or multi-level governance

Judicial dialogue has sought to render EU anti-discrimination law internally and externally consistent, meaning that it synchronised hard and soft law measures within the EU legal order, and addressed inconsistencies with various international and domestic legal sources. Policy makers have drawn on multilevel governance mechanisms to explore alternatives to the existing legal framework. Article 21 of the Charter has been used by national courts: a) to reinforce the salience of the anti-discrimination directives; b) to maintain the favourable status quo; and/or c) to amplify the significance of relatively new concepts and catalyse social change. Policy makers have utilised “soft law” instruments which have for some time now operated on the margins of traditional time-consuming and often futile legislative processes. The Europeanisation of national public policies and the transformation of EU anti-discrimination law occurs at the junction of these two mechanisms.