Abstract
AbstractThe principle of equal treatment is essential to the process of European integration. It is one of the main principles – if not the main principle – driving this process forward. Equal treatment between States and the prohibition to discriminate on grounds of nationality are indeed cornerstones of the European project. Furthermore, the principle of equal treatment is a fundamental right according to which comparable situations must not be treated differently, and that different situations must not be treated in the same way unless such treatment is objectively justified. This fundamental right has also been given more specific expression in a set of Treaty provisions and Directives prohibiting discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation. Precisely because the principle of equal treatment performs several important functions in the EU legal order, it is shaped by several sets of actors: constituent powers, legislature and judiciary. The article first maps out the various functions that the principle of equal treatment fulfills in EU law, placing emphasis on the complexity of the relevant constitutional framework. This sets the floor for a critical discussion on how different institutional visions of the principle may compete, and a reflection of the role of the concept of ‘essence’ to articulate these competing visions.
Highlights
The principle of equal treatment is essential to the process of European integration
The principle of equal treatment is a fundamental right according to which comparable situations must not be treated differently, and that different situations must not be treated in the same way unless such treatment is objectively justified
“meta-principle of equality” defined by reference to the Aristotelian formula adjusted in the context of EU law: Compliance with the principle of equal treatment requires that comparable situations must not be treated differently, and that different situations must not be treated in the same way unless such treatment is objectively justified.[6]
Summary
The Principle of Equal Treatment is Essential to the EU Integration Process The principle of equality or non-discrimination[1] constitutes one of the cornerstones of the process of European integration. The Function of Classic Constitutional Benchmark and Its Implication The core function of the principle of equality, protected as a general principle of EU law and through the Charter, is to act as a traditional fundamental right It primarily provides a benchmark for judicial review and serves as a source of inspiration for the dynamic interpretation of lower instruments. Treatment,[30] as well as Article 21 CFEU,[31] may be relied upon against private parties acting within the scope of EU law This recent line of cases has so far always involved a conjunction of legislation bringing the matter within the scope of Union law, and constitutional versions of the same right as that enshrined in the said legislation. Press 2001). 35See TRIDIMAS, supra note 5, at 74-135 (outlining a more complete overview of provisions of the EU Treaties including equal treatment clauses)
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