The consequences of acquiescence in discrimination

Commentary on the Ruling of the Court of Justice of the European Union of 15 April 2021, case C-30/19, and its application in the forensic practice of the social order

Abstract

The judgment of the Court of Justice of the European Union 15th April 2021 has determined established that the victim of a discriminatory act is entitled to obtain a ruling declaring the existence or not of such act. The Court rules that the acceptance and subsequent payment of compensation by the alleged perpetrator of the discriminatory act is not a sufficient means of protecting the victim, even if the national legislation allows such an option. This ruling of the Court of Justice of the European Union raises several doubts as to its possible forensic application in the social order, which we will try to clarify in this article.