The European Court of Justice has just taken another stride away from a strict interpretation of the law. In a preliminary judgment, it has widened the definition of "discrimination on the ground of disability" to include the employment of able-bodied people who are obliged to look after disabled dependents. Firms, in other words, may be obliged to offer extra time off to carers. But such arguments should be heard before elected national parliamentarians. Instead, Euro-judges are ignoring what the law says in favour of what they think the law ought to say. The treaties prohibit discrimination on a number of grounds: race, nationality, sexual orientation, disability, etc. But they do not recognise the concept of "discrimination by association". The court’s decision, if upheld, would constitute a legislative, rather than a judicial, act. This, of course, is how the EU often proceeds, extending its powers as much through judicial activism as through new treaties.
The Telegraph