The Impossible Reconciliation between Integration and Equality in ECJ case law: A reductio ad absurdum
(2019) 10th anniversary of the EU Charter of fundamental rights, Maribor University (29.November.2019)
Files
No attached file found for this publication.
Details
- Authors
- Abstract
- Due to the fundamentally different legal regimes for EU citizens and third-country nationals in EU law, each is usually studied and considered separately in the doctrine. However, it is sometimes important to bring them together in order to identify common approaches taken by the ECJ to both regimes. This is precisely the case when it comes to non-discrimination based on nationality and equal treatment, as interpreted by the Court. This paper argues that through different legal contortions, the concept of integration is increasingly used by the ECJ to completely remove all substance from equality and non-discrimination— the principles which are essential for granting rights to EU citizens or third-country nationals. This situation leads to the absurd outcome of equality and non-discrimination based on nationality being applied in a highly discriminatory way. Indeed, rights which are supposed to foster integration are only granted to certain integrated EU citizens and third-country nationals — the “good citizens to-be” — reducing equality and non-discrimination to an empty shell. This situation can be coined as “superimposed discrimination”. In this context, the EU Charter of Fundamental Rights is rendered a mere bystander, despite its fundamental articles 20 and 21 under the “Equality” Chapter, which are completely overlooked by the European jurisdiction.
- Affiliations
Citations
Ganty, S. (2019). The Impossible Reconciliation between Integration and Equality in ECJ case law: A reductio ad absurdum. 10th anniversary of the EU Charter of fundamental rights, Maribor University. https://hdl.handle.net/2078.5/259633