The (legal) equal treatment (of american origin) and the (politic) equal opportunity (of European origin)

Connections, confusion and misunderstandings

Abstract

The Bill 15/2022 for equal treatment is a paradoxical regulation. On the one hand, it refers to equal treatment, a North American approach in origin that is received in Spain through the European Union. On the other hand, it contains numerous equal opportunity measures or positive actions, although not too many are original or especially interesting. In a context in which two concepts of constitutional equality can be distinguished, the American one, of a legal nature, and the European one, of a rather political and principal nature, the Law does not clearly opt for either of them. In addition, the option of the legislator for a new,  autonomous Authority, fits within the European framework, but it seems wrong to me, as well as the referral to third parties of the sanctioning power