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New report on 'Reversing the burden of proof: Practical dilemmas at the European and national level (2014)'


This reportpdf Choose translations of the previous link  examines the theoretical implications as well as the implementation and application on the national level of the anti-discrimination provisions requiring the reversal of the burden of proof from the claimant to the respondent when the claimant has established ‘facts from which it may be presumed that there has been direct or indirect discrimination’.

In addition, the report comments upon recent rulings of the Court of Justice of the European Union with regards to the shift in the burden of proof, and finally it analyses a number of practical concerns raised at the national as well as European levels. It was drafted by the Network of Legal Experts in the Non-Discrimination Field.