The principle of retributive justice: basis, relational character and burden of proof
Comment to the Judgement of the ECJ, dated February 28, 2013, case C-427/11, Margaret Kenny and others
DOI:
https://doi.org/10.51302/rtss.2013.3148Keywords:
retributive justice, relational character, burden of proof, sex discriminationAbstract
The rational root of equality is undoubted. Its natural character is arguable. All of it generates social tensions. For that reason it is necessary a general theory on equal treatment. The case-law of the European Court of Justice on retributive justice is one of its most relevant developments. This paper is dedicated to its analysis.