Constitutional and Conceptual Complexities in UK Implementation of the EU Harassment Provisions

This essay evaluates implementation in the UK in recent yearsof EU provisions on discriminatory harassment. From a technicalpoint of view, aspects of the new law are vulnerable to judicialreview challenges of various kinds. The correct interpretationof important elements is also unclear. From a principled perspective,these doctrinal complexities are liable to obscure the mostimportant underlying issues.