Marginally discriminated: The role of outcome tests in European jurisdiction

For decades, racial profiling has been subject of intense debate in US jurisdiction. Recently, outcome tests based on economic models have contributed to the legal discourse. However, it is not readily obvious if and to what extent they also pertain to European jurisdiction, where racial profiling has only as of late stirred up controversy. In a comprehensive examination of their basic building blocks, this paper illustrates why the these tests are not particularly suited for the European case. The models are tailored to identify racial prejudice but are unfit to provide evidence of statistical discrimination, reflecting their adaption to the current US legal approach. A simple alternative test remedies this shortcoming and manages to inform the European jurisdiction.