Evidentiary issues in actions for breach of equal treatment

Abstract

In cases of equal treatment violations, the applicant can choose which forums to turn to. The possibility of administrative proceedings and the possibility of judicial proceedings exist in parallel. The two are not necessarily mutually exclusive. What needs to be kept in mind, however, is how the evidentiary issues evolve before one forum and the other. The same rules of evidence are interpreted differently by the court and the administrative authority. In the present study, for reasons of space, we will focus on the interpretation of the courts. However, where there is a marked difference between the procedures, the interpretation of the administrative authority is also presented.