Mark Bell
Regius Professor of Law, Law
Head of School of Law, School Office - Law

Biography

Mark Bell is Head of the School of Law; Regius Professor of Laws (a Chair founded in 1668); and a Fellow of Trinity College Dublin. Prior to his appointment at Trinity, he was a professor at the School of Law, University of Leicester, where he was also Head of the School of Law (2011-2014). Mark has published regularly on Anti-Discrimination Law and Employment Law, particularly in relation to EU Law. He is co-editor of International and European Labour Law: A Commentary (Nomos 2018). Mark is a member of the Board of Directors of the Irish Centre for European Law. In 2017, he organised the annual conference of the Berkeley Comparative Equality and Anti-Discrimination Law Study Group. In 2015, he was a Senior Expert on Disability for the European Commission's Network of Legal Experts in Gender Equality and Non-Discrimination. Since 2010, he worked with the International Labour Organisation on several projects, and played a key role in producing a 2016 guide for employers on promoting diversity through workplace adjustments.

Publications and Further Research Outputs

Peer-Reviewed Publications

Mark Bell , Leaving Religion at the Door? The European Court of Justice and Religious Symbols in the Workplace, Human Rights Law Review, 17, 2017, p1-13 Journal Article, 2017 URL

Mark Bell , Mental Health, Law and Creating Inclusive Workplaces, Current Legal Problems , 69, 2016, p1 - 34 Journal Article, 2016 TARA - Full Text

Mark Bell , Disability, rehabilitation and the status of worker in EU Law: Fenoll, Common Market Law Review, 53, (1), 2016, p197 - 208 Journal Article, 2016

Sexual Identity, Law and Social Change in, editor(s)Ivana Bacik and Mary Rogan , Legal Cases that Changed Ireland, Dublin, Clarus Press, 2016, pp63 - 70, [Mark Bell] Book Chapter, 2016 TARA - Full Text

Mark Bell and Lisa Waddington, The Employment Equality Directive and supporting people with psychosocial disabilities in the workplace: a legal analysis of the situation in the EU Member States, Brussels, European Commission, December , 2016, p1 - 131 Report, 2016 URL TARA - Full Text

Mark Bell , Sickness Absence and the Court of Justice: Examining the Role of Fundamental Rights in EU Employment Law, European Law Journal, 21, 2015, p641 - 656 Journal Article, 2015

Mark Bell , Mental Health at Work and the Duty to Make Reasonable Adjustments, Industrial Law Journal, 44, 2015, p194 - 221 Journal Article, 2015 URL

Article 20 in, editor(s)S Peers, T Hervey, J Kenner and A Ward , The EU Charter of Fundamental Rights: A Commentary, Oxford, Hart Publishing, 2014, pp563 - 577, [Mark Bell ] Book Chapter, 2014 TARA - Full Text

Constitutionalization and EU Employment Law in, editor(s)H Micklitz , The Constitutionalization of European Private Law, Oxford, OUP, 2014, pp137 - 169, [Mark Bell ] Book Chapter, 2014 URL TARA - Full Text

Occupational Health and Safety in the UK: At a Crossroads? in, editor(s)E Ales , Health and Safety at Work: European and Comparative Perspective, Alphen aan den Rijn, Kluwer Law International , 2013, pp375 - 410, [Mark Bell ] Book Chapter, 2013 URL

Mark Bell , Gender Identity and Sexual Orientation: Alternative Pathways in EU Equality Law, American Journal of Comparative Law , 60, 2012, p127 - 146 Journal Article, 2012

Mark Bell , Between Flexicurity and Fundamental Social Rights: The EU Directives on Atypical Work, European Law Review, 37, 2012, p31 - 48 Journal Article, 2012

British developments in non-discrimination law: the Equality Act in, editor(s)R Schulze , Non-Discrimination in European Private Law, Tubingen, Mohr Siebeck, 2011, pp209 - 231, [Mark Bell ] Book Chapter, 2011 TARA - Full Text URL

The principle of equal treatment: widening and deepening in, editor(s)P Craig and G de Búrca , The evolution of EU law, Oxford, OUP, 2011, pp611 - 639, [Mark Bell ] Book Chapter, 2011 TARA - Full Text

Lisa Waddington and Mark Bell, Exploring the boundaries of positive action under EU law: a search for conceptual clarity, Common Market Law Review, 48, 2011, p1503 - 1526 Journal Article, 2011

Mark Bell, Achieving the objectives of the Part-Time Work Directive? Revisiting the Part-Time Workers Regulations, Industrial Law Journal, 40, 2011, p254 - 279 Journal Article, 2011

Mark Bell , Judicial enforcement of the duties on public authorities to promote equality, Public Law, 2010, p672 - 687 Journal Article, 2010

U Archibong, M Bell and L Waddington, Exploring positive action from a legal perspective in EU and non-EU countries', International Journal of Diversity in Organisations, Communities and Nations , 9, 2009, p43 - 53 Journal Article, 2009

Mark Bell, Racism and Equality in the European Union, Oxford, Oxford University Press, 2008, 1 - 227pp Book, 2008

Mark Bell , The implementation of European anti-discrimination Directives: converging towards a common model?, The Political Quarterly, 79, 2008, p36 - 44 Journal Article, 2008

Dagmar Schiek, Lisa Waddington and Mark Bell (eds), Cases, Materials and Text on National, Supranational and International Non-Discrimination Law, Oxford, Hart Publishing, 2007, 1 - 1118pp Book, 2007 URL

Mark Bell , Civic citizenship and migrant integration', European Public Law, 13, 2007, p311 - 334 Journal Article, 2007

Mark Bell , Employment law consequences of the Civil Partnership Act 2004', Industrial Law Journal, 35, 2006, p179 - 185 Journal Article, 2006

Mark Bell , A hazy concept of equality, Feminist Legal Studies , 12, 2004, p223 - 231 Journal Article, 2004

Mark Bell , Holding back the tide? Cross-border recognition of same-sex partnerships within the European Union', European Review of Private Law, 5, 2004, p613 - 632 Journal Article, 2004

Mark Bell , Implementing the EU Racial Equality Directive: implications for immigration law', Tolley's Journal of Immigration, Asylum and Nationality Law , 18, 2004, p37 - 46 Journal Article, 2004

Mark Bell , A patchwork of protection: the new anti-discrimination law framework', Modern Law Review, 67, 2004, p465 - 477 Journal Article, 2004

Mark Bell , Equality and the European Union Constitution', Industrial Law Journal, 33, 2004, p242 - 260 Journal Article, 2004

Peter Cumper and Mark Bell, Reforming Section 28: Lessons for Westminster from Holyrood, European Human Rights Law Review, (4), 2003, p400 - 409 Journal Article, 2003

Mark Bell and Peter Cumper, Section 28 after the Human Rights Act, Journal of Social Welfare and Family Law, 25, 2003, p215 - 228 Journal Article, 2003

Mark Bell and Lisa Waddington, Reflecting on inequalities in European equality law', European Law Review, 28, 2003, p349 - 369 Journal Article, 2003

Mark Bell , Anti-Discrimination Law and the European Union, Oxford, Oxford University Press, 2002, 1 - 269pp Book, 2002 URL

Non-Peer-Reviewed Publications

Mark Bell , Adapting Work to the Worker: The Evolving EU Legal Framework on Accommodating Worker Diversity, EU Employment Law Update, Dublin, 25 January, 2018, Irish Centre for European Law Invited Talk, 2018

Mark Bell , Can Anti-Discrimination Law Improve the Position of People with Intellectual Disabilities in the Labour Market? Learning from Experience in the USA, Berkeley Comparative Anti-Discrimination Law Study Group Annual Conference, University of Melbourne, 11 June, 2018 Conference Paper, 2018

Mark Bell, Reflecting on the Effectiveness of EU Anti-Discrimination Law, University of Luxembourg, 13 July, 2018 Invited Talk, 2018

Mark Bell , Religion, Reasonable Accommodation and European Anti-Discrimination Law, Irish Society for European Law, European Equality Law Seminar, Dublin, 26 January 2017, 2017 Conference Paper, 2017

Mark Bell , The European Pillar of Social Rights and EU Employment Law: a New Horizon or False Dawn? , Employment Law Distinguished Guest Lecture 2017, UCD Sutherland School of Law, 29 November, 2017 Invited Talk, 2017

Mark Bell , Religion, Reasonable Accommodation and the Hesitancy of European Courts, Faculty Colloquium, Boston, USA, 27 October, 2017, Boston College Law School Invited Talk, 2017

Mark Bell, Data Collection in Relation to LGBTI People, Brussels, Publications Office of the European Union, 2017, p1 - 22 Report, 2017

Mark Bell , Pitfalls and Progress: Reasonable Accommodation for Workers with Disabilities in Ireland, Berkeley Comparative Equality and Anti-Discrimination Law Study Group, Online Seminar, 14 September, 2017 Oral Presentation, 2017

Mark Bell , When Can the Charter be Applied? The View from the CJEU, Using the EU Charter of Fundamental Rights, Trinity College Dublin, 12 January 2017, 2017 Conference Paper, 2017

Mark Bell , Accommodating Workplace Diversity - Towards An Overarching Duty in EU Equality Law?, Rethinking EU Equality Law, Institute for Advanced Legal Studies, London, 19 May 2017, 2017 Conference Paper, 2017

Mark Bell, Freedom of Religion and the Right to Non-Discrimination, Human Rights and Religions Summer School, Trinity College Dublin, 21 June 2017, 2017 Oral Presentation, 2017

Mark Bell , Pitfalls and Progress: Reasonable Accommodation for Workers with Disabilities in Ireland, Society of Legal Scholars Annual Conference, University College Dublin, 7 September 2017, 2017 Conference Paper, 2017

Mark Bell , EU Employment Law: Dead End, U-Turn, or New Road Ahead?, University of Leicester, 4 February 2017 , 2017 Invited Talk, 2017

Mark Bell, Annual Conference, Berkeley Comparative Equality and Anti-Discrimination Study Group, 15-16 June 2017, 2017, Trinity Long Room Hub, Trinity College Dublin Meetings /Conferences Organised, 2017

Mark Bell , Freedom of Religion and the Right to Non-Discrimination: European Perspectives , Thelton E. Henderson Center for Social Justice, BerkeleyLaw, University of California, Berkeley, 13 September , 2017 Invited Talk, 2017

Mark Bell , EU Migrants and the Racial Equality Directive, EU Discrimination Law and Intra-EU Mobility, Université Paris I Panthéon-Sorbonne, 9 September 2016, 2016 Conference Paper, 2016

Mark Bell , Seeking Employment and the Legal Protection of People with Mental Health Problems, Empowering Young Adults with Disabilities, Trinity Centre for Health Sciences, Trinity College Dublin, 21 June 2016, 2016 Conference Paper, 2016

Mark Bell, The Right to Non-Discrimination and European Law, Universita degli Studi di Genova, 8 November 2016, 2016 Invited Talk, 2016

Equality , A Wiesand, K Chainoglou, A Sledzinska-Simon, Y Donders, Culture and Human Rights: The Wroclaw Commentaries, Berlin/Boston, De Gruyter, 2016, pp154 - 156, [Mark Bell] Item in dictionary or encyclopaedia, etc, 2016

Mark Bell and Lisa Waddington, The Employment Equality Directive and supporting people with psychosocial disabilities in the workplace, European Commission Non-Discrimination Legal Seminar , Brussels, 25 November 2016, 2016 Conference Paper, 2016 URL

Mark Bell , Mental Health and Employment in Ireland: Is Equality Law the Solution?, Inaugural Lecture, Trinity College Dublin, 26 January, 2016 Invited Talk, 2016 URL

Mark Bell, Promoting diversity and inclusion through workplace adjustments: a practical guide, Promoting diversity and inclusion through workplace adjustments, Geneva, 2 December 2016, 2016, International Labour Organisation Invited Talk, 2016 URL

Mark Bell , Mental Health, Law and Creating Inclusive Workplaces, Berkeley Comparative Anti-Discrimination Law Study Group, Online Seminar, 9 March 2016, 2016 Conference Paper, 2016

Mark Bell, When Can the Charter be Applied? The View from the CJEU, Workshop on Using the EU Charter of Fundamental Rights, London, 6 July 2016, 2016 Conference Paper, 2016

Mark Bell , Mental Health, Law and Creating Inclusive Workplaces, Current Legal Problems, University College London, 19 November 2015, 2015, University College London Invited Talk, 2015

Mark Bell , EU Equality Law and Precarious Work, EU Anti-Discrimination Law: 15 Years After, Vrije Universiteit Amsterdam, 18 September 2015, 2015 Conference Paper, 2015

Mark Bell, An Update on the Working Time Directive, ICEL Employment Law Conference, Dublin, 11 December 2015, 2015 Conference Paper, 2015

Mark Bell , Zero-Hours Contracts: Retention and Reform in the UK, Zero-Hours Contracts, Trinity College Dublin, 2 February 2015, 2015, Employment Law Association of Ireland Invited Talk, 2015

Mark Bell , Collective Bargaining and Fundamental Rights for Atypical Workers: The Contribution of EU Law, Collective Bargaining for Atypical Workers in the Live Entertainment and Audiovisual Sectors, Dublin, 8 September 2015, 2015 Conference Paper, 2015

Mark Bell , LGBT Rights at Work: Recent Developments in EU Law and the ECHR, International Law Congress, Ankara, Turkey, 10 January 2014, 2014, Ankara Bar Association Invited Talk, 2014

Mark Bell , Anti-Discrimination Law: Using European and International Instruments, Anti-Discrimination Law: Using European and International Instruments, Tallin, 14 October 2014, 2014, Estonian Human Rights Centre Invited Talk, 2014

Mark Bell, Mental Health and the Duty to Make Reasonable Adjustments, Challenges for Labour Law, London, 9 May 2014, 2014, Kingston University Invited Talk, 2014

Mark Bell, In Sickness and in Health? Illness and EU Employment Law, UACES 44th Annual Conference, Cork, 1-3 September 2014, 2014, pp24 Conference Paper, 2014

Mark Bell , Can we rely on Europe? Is Europe the answer?, Equality 2015 - Setting the Agenda, London, 21 October 2013, 2013, Discrimination Law Association Invited Talk, 2013

Mark Bell, Ageing Gracefully? The evolution of EU law on age discrimination, Research Seminar, Brighton, 27 March 2013, 2013, University of Sussex Invited Talk, 2013

Mark Bell, Overview of the Legal Protection under EU and UK Law, Agency Workers Protection Seminar, Belfast, 17 January 2013, 2013, Northern Ireland Council for Ethnic Minorities Invited Talk, 2013

Mark Bell , The Equality Act 2010: two steps forward, one step back?, Current Developments in Employment Law, Leicester, 10 May 2013, 2013, University of Leicester Invited Talk, 2013

Research Expertise

Description

Mark's research interests lie in the areas of equality, work and migration. He has published extensively on EU equality law, but also on aspects of EU employment law (especially law and precarious work). His research interests include comparative equality and employment law issues. He has previously published research relating to migration law, such as the position of irregular migrants in the labour market. Mark welcomes inquiries from potential research students in the areas of equality law and employment law. He has experience of supervising doctoral research in these fields dealing with domestic law, comparative law, and EU law.

Projects

  • Title
    • The Employment Equality Directive and Supporting People with Psychosocial Disabilities in the Workplace
  • Summary
    • This project produced a report for the European Commission, jointly authored with Professor Lisa Waddington, Maastricht University. It examined the role that EU Law, specifically Directive 2000/78, plays in providing support in the labour market for those who experience mental health problems amounting to a psychosocial disability. It examined the definition of disability found in EU and national law, and the extent to which the concept of reasonable accommodation has been applied to persons with psychosocial disability. It also explored the role playing by stigma in creating barriers for those with mental health problems and evidence of measures adopted by Member States to combat this phenomenon: http://www.equalitylaw.eu/downloads/3966-the-employment-equality-directive-and-supporting-people-with-psychosocial-disabilities-in-the-workplace-a-legal-analysis-of-the-situation-in-the-eu-member-states
  • Funding Agency
    • European Commission via Human European Consultancy
  • Date From
    • May 2016
  • Date To
    • November 2016
  • Title
    • Don't knock on the wrong door: Charter Click
  • Summary
    • The project involves a consortium of European universities, together with governmental and non-governmental agencies that provide advice to citizens on the enforcement of rights. The project will examine the practice of national courts, and the EU courts, in applying the Charter of Fundamental Rights. This only applies if the factual scenario falls within the scope of EU law, which is a frequent source of confusion and uncertainty. The project aims to create an online resource that can assist citizens in understanding whether the Charter applies to their individual situation.
  • Funding Agency
    • European Commission
  • Date From
    • February 2015
  • Date To
    • February 2017
  • Title
    • European Network of Legal Experts in Gender Equality and Non-Discrimination
  • Summary
    • The Network conducts analysis of the implementation of EU anti-discrimination legislation within the Member States, the EEA states, and certain candidate countries for EU membership. During 2015, Mark is the acting coordinator for disability issues, which entails analysing the draft national reports as well as other contributions to the functioning of the Network. See further: http://www.non-discrimination.net
  • Funding Agency
    • European Commission
  • Date From
    • 2015
  • Title
    • Promoting Diversity and Inclusion Through Workplace Adjustments: A Practical Guide
  • Summary
    • Mark played a key role in finalising a guide for the International Labour Organisation on promoting diversity and inclusion in the workplace through the provision of workplace adjustments. The guide aims to identify the steps that employers should take, such as putting in place a procedure for handling requests from workers for accommodation. It provides examples of accommodations that might be considered for workers with physical or mental disabilities, those affected by HIV, those with family responsibilities or workers who need an accommodation due to a particular religious practice: http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_536630.pdf
  • Funding Agency
    • International Labour Organisation
  • Date From
    • August 2015
  • Date To
    • December 2016
  • Title
    • Analysis of Comparative Review of Equality Data Collection Practices in the EU
  • Summary
    • Mark Bell is a Senior Expert in the team of researchers in this project. It is gathering information on the extent to which data relating to equality is gathered across the 28 EU Member States. This might include data on complaints of discrimination, individual experiences of discrimination or outcomes for minority groups in areas like employment and education.
  • Funding Agency
    • European Commission via Human European Consultancy
  • Date From
    • 31/8/15
  • Date To
    • 30/8/16

Keywords

Employment and Labour Law; employment equality law; Equality law; eu employment law; eu equality law; labour migration; precarious work

Recognition

Awards and Honours

Jean Monnet Fellowship, Robert Schuman Centre for Advanced Studies, European University Institute 2004

European University Institute Law Prize for doctoral thesis 1999/2000

Memberships

Employment Law Association of Ireland 2015

Industrial Law Society 2008

Society of Legal Scholars 2005

Socio-Legal Studies Association

University Association for Contemporary European Studies

Discrimination Law Association