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- Title
Framing the Principle of NonDiscrimination on Grounds of Nationality. Article 18(1) TFEU in the ECJ case law.
- Authors
Rossi, Lucia Serena
- Abstract
The principle of non-discrimination on grounds of nationality (‘PNDN principle’) under Art. 18(1) TFEU and Art. 21(2) CFR imposes a general prohibition to Member States to the benefit of the citizens of other Member States. Included into the founding Treaties as the first, ante litteram, core of the European citizenship, it appears to play an ‘incremental function’ with respect to EU citizens’right provided for by the Treaties and the Charter. The present contribution aims at exploring the evolving boundaries of the NDN principle, in light of the ECJ case law. It highlights the broad interpretation of its two conditions of applicability, given by the Court, and investigates the growing tendency to recognize direct effect to the NDN principle. The Article dwells upon those cases in which the principle applies to situations falling within the scope of EU law, but with regard to forms of discriminations concerning matters stretching beyond the scope of application of the specific EU law provisions and therefore covered, as such, by residual national competences. Some questions regarding the PNDN, notably with regard to indirect discrimination and horizontal application, remain nonetheless still open. Given the unforeseeable legal consequences that such extremely far-reaching principle may produce in certain cases, some limitations might be justified, submitted to a proportionality test. In this respect, it is maintened that in its recent case-law the Court assesses the existence the existence, on the one hand, of a “sufficient connection” between the individual and the host State and, on the other, a “specific connecting factor” between the situation and the EU law.
- Subjects
NONDISCRIMINATION principle (International law); INTERNATIONAL law; ANTI-discrimination laws; EUROPEAN citizenship; EUROPEAN Union membership
- Publication
Il Diritto Dell'unione Europea, 2020, Issue 2, p237
- ISSN
1125-8551
- Publication type
Article