Abstract
Prohibition of Discrimination on Grounds of Nationality in the Freedom of Movement of Persons within the EU in the Light of Case Law of the Court of Justice of the European Union
Highlights
PROHIBITION OF DISCRIMINATION ON GROUNDS OF NATIONALITY and administrative authorities of the Member States should interpret national law as far as possible, in line with EU law, because the limits of the proEU interpretation will be determined by the powers conferred by domestic law9
The subject of this article is to analyze the meaning of the prohibition of discrimination on grounds of nationality in the light of the provisions of primary and secondary European Union law and the case law of the Court of Justice of the European Union, which is inherent to the functioning of the internal market and EU citizenship
It should be emphasized that the Charter guarantees protection only against violations of the principles of equality and non-discrimination resulting from the actions of the institutions, bodies, offices and agencies of the Union and the Member States to the extent that they apply EU law (Article 51 of the Charter), because its purpose was not to create new rights, but to confirm the rights recognized by EU law
Summary
The prohibition of discrimination on the basis of nationality is one of the fundamental concepts of freedom of movement. The prohibition of discrimination on the basis of nationality is one of the fundamental concepts of freedom of movement10 It consists in equalizing the rights of citizens of the Member States who undertake any type środowiska i jego implementacja w Polsce trzy lata po akcesji, ed. The Court of Justice has stated in a number of judgments that the prohibitions of discrimination in the Treaty are only a specific expression of the general principle of equality, which is one of the fundamental principles of EU law. It allows the same treatment to be enjoyed from a legal point of view, irrespective of nationality and without prejudice to exceptions expressly provided for in that regard
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