Reverse Discrimination in EC Law

Reverse Discrimination in EC Law
Author: Alina Tryfonidou
Publisher: Kluwer Law International B.V.
Total Pages: 294
Release: 2009-01-01
Genre: Law
ISBN: 9041127518

Discrimination is an incongruity in the contemporary EC. Then, the author provides an in-depth analysis of two of the post-Maastricht developments in the context of free movement: the establishment of the status of Union citizenship by the Treaty of Maastricht in 1993 and the development of that status through the Court's recent jurisprudence; and the formal completion of the internal market in 1993, as required by the provisions inserted into the EC Treaty by the Single European Act. Focusing on the central issue of whether reverse discrimination is - and should remain - outside the scope of EC law, the author explains what has been the impact of each of these developments on the question of the permissibility of reverse discrimination in EC law. A brief discussion of the available solutions to the problem and their advantages and disadvantages concludes the presentation. This is a ground-breaking study in an area of European law that has received scant academic attention so far and is just beginning to be explored. In it, scholars, policymakers and practitioners will discover a firm foundation from which to pursue and ultimately define the limits of reverse discrimination in EC law.

Reverse Discrimination in the European Union

Reverse Discrimination in the European Union
Author: Valérie Verbist
Publisher:
Total Pages: 0
Release: 2017
Genre: Discrimination
ISBN: 9781780684581

Reverse Discrimination in the European Union offers an up-to-date standard reference work on reverse discrimination.

Reverse Discrimination and Family Reunification

Reverse Discrimination and Family Reunification
Author: Anne Walter
Publisher:
Total Pages: 0
Release: 2008
Genre: Citizenship
ISBN: 9789058503862

This study has been presented at a conference in October 2008 in Osnabruck. Introduction So-called reverse discrimination occurs when EU Member States treat their own nationals less favourably than nationals of other Member States in situations where Community law applies. This phenomenon (discrimination of nationals or in German Inlanderdiskriminierung) signifies that (in reverse) nationals and not foreigners are discriminated against. The term 'EU citizen' in this study describes mobile EU nationals exercising their freedom of movement rights. This phenomenon, known in various areas of European law and sometimes leading to odd results, is defined differently from a European or national law perspective. Reverse discrimination is primarily understood to be the result of the limited scope of Community law. In cases with a person- or content-related link to EC law the special prohibition of discrimination based on nationality under Article 12 EC is applicable. The description of what is a 'matter of Community law' acts at the same time as a boundary to what falls under a national approach. Cases without such a link to Community law, on the other hand are called 'purely internal situation'. These cases are treated solely under national law of the Member States, and can differ from the solution under Community law. Reverse discrimination therefore pertains to an interface between Community law and national law, and hence the fundamental questions - scope and mode of operation - are related to the concept of Community law and raise the question of its objectives. Since the latter are not static in a European Union built on development, the phenomenon is simultaneously accorded a temporary character: "Reverse discrimination is clearly impossible in the long run within a true internal market, which must of necessity be based on the principle of equal treatment. Such discrimination must be eliminated [by means of the harmonisation of legislation]". Up to this point, national law is applicable and reverse discrimination is outside the scope of Community law, especially Article 12 EC. From a national perspective, it is consequentially left to national law to solve the problem of reverse discrimination - possibly by adjusting it to Community law.

Nationality Discrimination in the European Internal Market

Nationality Discrimination in the European Internal Market
Author: Gareth Davies
Publisher: Kluwer Law International B.V.
Total Pages: 244
Release: 2003-01-24
Genre: Law
ISBN: 9041119981

Despite the high-flown rhetoric of civil society, it cannot be denied that discrimination is still with us; it has merely gone 'underground'. This text exposes a polity that defines discrimination correctly but then refuses to see it where it occurs.

The Principle of Equality in EU Law

The Principle of Equality in EU Law
Author: Lucia Serena Rossi
Publisher: Springer
Total Pages: 322
Release: 2017-11-23
Genre: Law
ISBN: 331966137X

This book provides a comprehensive and updated legal analysis of the equality principle in EU law. To this end, it argues for a broad definition of the principle, which includes not only its inter-individual dimension, but also the equality of the Member States before the EU Treaties. The book presents a collection of high-quality academic and expert contributions, which, in light of the most recent developments in implementing the post-Lisbon legal framework, reflect the current interpretation of the equality principle, examining its performance in practice with a view to suggesting possible solutions in order to overcome recurring problems. To this end the volume is divided into three Parts, the first of which addresses a peculiar aspect of the EU equality that is mostly overlooked in the investigations devoted to this topic, namely, equality among States. Part II shifts to the inter-individual dimension of equality and explores some major developments contributing to (re)shaping the global framework of EU anti-discrimination law, while Part III undertakes a more practical investigation devoted to the substantive strands of that area of EU law.

The Reverse Discrimination Controversy

The Reverse Discrimination Controversy
Author: Robert K. Fullinwider
Publisher: Rowman & Littlefield Pub Incorporated
Total Pages: 300
Release: 1980
Genre: Law
ISBN: 9780847669011

To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.

The principle of non-discrimination in international and European tax law

The principle of non-discrimination in international and European tax law
Author: Niels Bammens
Publisher: IBFD
Total Pages: 1151
Release: 2012
Genre: Conflict of laws
ISBN: 9087221592

The principle of non-discrimination plays a vital role in international and European tax law. This dissertation analyses the interpretation given to that principle in tax treaty practice and in the direct tax case law of the Court of Justice of the European Union (ECJ) on the fundamental freedoms. The objective of this analysis is twofold: to give a clear and thorough overview of both standards and to determine whether they share a common, underlying principle of non-discrimination. In order to achieve these objectives, a comprehensive selection of case law is discussed from the perspective of the two constitutive elements of discrimination, comparability and the existence of different treatment. Moreover, attention is drawn to the question whether a domestic measure that is found to be discriminatory may nevertheless be justified on the basis of reasons of public interest. Finally, the possible interplay between both standards is addressed.

Reconceptualising European Equality Law

Reconceptualising European Equality Law
Author: Johanna Croon-Gestefeld
Publisher: Bloomsbury Publishing
Total Pages: 279
Release: 2017-02-23
Genre: Law
ISBN: 1509909680

This important new book seeks to widen the understanding of the principle of equality within European law. Firstly, it deconstructs the European Court of Justice's adjudication of cases in the field. It then explores how the Member States' courts decide on the question of equality. This detailed rigorous research allows the author to argue for a reconceptualised equality doctrine. Such an adaptation, the author argues, will provide judges, practitioners and academics with the tools to balance institutional considerations against substantive interpretation. Theoretically ambitious, while grounded in practical application, this is a significant restatement of one of the key principles of European law: the equality doctrine.