Procedural Rules in the Service of the 'Transformative Function' of EU Equality Law: Bringing the Prohibition of Nationality Discrimination Along

Over the years, EU equality legislation (partly relying on CJEU case law) has built a set of rules concerned with access to courts at the domestic level as well as remedies. These rules can be described as the 'common procedural law of EU equality policy'. Regrettably, the legislative fram...

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Veröffentlicht in:Review of European administrative law 2015-06, Vol.8 (1), p.153-176
1. Verfasser: Muir, Elise
Format: Artikel
Sprache:eng
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Zusammenfassung:Over the years, EU equality legislation (partly relying on CJEU case law) has built a set of rules concerned with access to courts at the domestic level as well as remedies. These rules can be described as the 'common procedural law of EU equality policy'. Regrettably, the legislative framework for the prohibition of nationality discrimination has remained an exception to this trend. The approximation of the technicalities giving effect to EU rules on the prohibition of nationality discrimination with those on the prohibition of discrimination on grounds of sex, race/ethnic origin, religion/belief, sexual orientation, age, and disability has only recently been initiated thanks to Directive 2014/54. It will be argued that this new Directive brings the prohibition of nationality one step closer to the fundamental rights rationale that lies behind the prohibition of other grounds of discrimination at the EU level.
ISSN:1874-7981
1874-7973
DOI:10.7590/187479815X14313382198458