{"title":"When Do Union Citizens and Their Families Have the Right to Equal Treatment on Grounds of Nationality in EU Law?","authors":"Gareth Davies","doi":"10.1163/15718166-12340180","DOIUrl":null,"url":null,"abstract":"<p>Article 18 <span style=\"font-variant: small-caps;\">TFEU</span> appears to prohibit nationality discrimination throughout the scope of EU law, but the Court of Justice uses various techniques to often deny equal treatment to people who are within that scope. It wants to create a layered regime of rights, which takes account of the degree of integration and participation of Union Citizens and their families, but this ambition is in tension with the apparently simple Article 18 rule. The solution, this article suggests, is to recognize that discrimination itself is a layered concept, allowing for justified distinctions, and so for different treatment of different groups. There is a surprising amount of support for this view in the case law. The article looks at the cases on equal treatment for Union Citizens and their families, including <span style=\"font-variant: small-caps;\">TCN</span> family members, and tries to provide a coherent conceptual and legal frame which explains their results.</p>","PeriodicalId":51819,"journal":{"name":"European Journal of Migration and Law","volume":"46 1","pages":""},"PeriodicalIF":1.5000,"publicationDate":"2024-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Journal of Migration and Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1163/15718166-12340180","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"DEMOGRAPHY","Score":null,"Total":0}
引用次数: 0
Abstract
Article 18 TFEU appears to prohibit nationality discrimination throughout the scope of EU law, but the Court of Justice uses various techniques to often deny equal treatment to people who are within that scope. It wants to create a layered regime of rights, which takes account of the degree of integration and participation of Union Citizens and their families, but this ambition is in tension with the apparently simple Article 18 rule. The solution, this article suggests, is to recognize that discrimination itself is a layered concept, allowing for justified distinctions, and so for different treatment of different groups. There is a surprising amount of support for this view in the case law. The article looks at the cases on equal treatment for Union Citizens and their families, including TCN family members, and tries to provide a coherent conceptual and legal frame which explains their results.
期刊介绍：
The European Journal of Migration and Law is a quarterly journal on migration law and policy with specific emphasis on the European Union, the Council of Europe and migration activities within the Organisation for Security and Cooperation in Europe. This journal differs from other migration journals by focusing on both the law and policy within the field of migration, as opposed to examining immigration and migration policies from a wholly sociological perspective. The Journal is the initiative of the Centre for Migration Law of the University of Nijmegen, in co-operation with the Brussels-based Migration Policy Group.
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