Abstract
The Utrecht Law Review is an open-access peer-reviewed journal which aims to offer an international academic platform for cross-border legal research. In the first place, this concerns research in which the boundaries of the classic branches of the law (private law, criminal law, constitutional and administrative law, European and public international law) are crossed and connections are made between these areas of the law, amongst others from a comparative law perspective. In addition, the journal welcomes research in which classic law is brought face to face with not strictly legal disciplines such as philosophy, economics, political sciences and public administration science.The journal was established in 2005 and is affiliated to the Utrecht University School of Law. If you wish to receive e-mail alerts please join the mailing list.
Highlights
The negotiations on the accession of the European Union to the European Convention on Human Rights (: ECHR or Convention) raise several complicated questions of a formal nature, e.g. on the relation between Member State(s) and the Union in a particular procedure before the European Court of Human Rights (ECtHR) and on the coordination of the interpretation of EU law by the EU Court of Justice and the Court of Human Rights.[1]
The Court of Human Rights does not apply a concept of indirect discrimination in its case law
Indirect discrimination against workers An example of the application of the prohibition of indirect discrimination can be seen in the Pinna case,[28] where the Court decided that the coordination regulation for social security[29] was not allowed to provide that persons employed in France received family benefits at the level of the state of residence
Summary
The negotiations on the accession of the European Union to the European Convention on Human Rights (: ECHR or Convention) raise several complicated questions of a formal nature, e.g. on the relation between Member State(s) and the Union in a particular procedure before the European Court of Human Rights (ECtHR) and on the coordination of the interpretation of EU law by the EU Court of Justice and the Court of Human Rights.[1]. This approach requires a comparison of EU law and the Convention, including the case law, concerning discrimination on the ground of nationality In this contribution, I will discuss which effects follow from the EU’s accession to the Convention for a particular fundamental right, i.e. non-discrimination on the ground of nationality in the area of social advantages. Discrimination on the ground of nationality is of special interest, since the EU makes use of the nationality condition in order to define the scope and the contents of several of its instruments, in particular in relation to social advantages The application of this condition may be different from that under the Convention and it is worthwhile studying this issue.
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