Free Movement, Equal Treatment, and Citizenship of the Union

The prohibition of discrimination, at least on grounds of nationality, has always been a constitutional principle of Community law. Such discrimination can take many forms, since Community law prohibits not only direct discrimination but various forms of indirect discrimination. Furthermore, the Court of Justice has indicated that where discrimination on grounds of nationality is in issue, the requirement of proof is not a heavy one on the complainant. All that is needed to place the burden on the respondent to justify the potentially differential treatment is that complainants show that the requirement applied to them is intrinsically likely, or susceptible by its very nature, to affect them adversely in comparison with the State's own nationals. The modern formulation of the prohibition of discrimination recognizes that protection from discrimination on grounds of nationality is central to the concept of citizenship of the Union. Advocate General Jacobs has said

Citizenship · Economic Justice · Immigration · Law and economics · Nationality · Plaintiff · Political science · Politics · Respondent · Sociology · State (computer science · Corporate Governance and Law · Discrimination and Equality Law · Law · Taxation and Legal Issues

• Public Employment Services and European Law

  Mark Freedland FBA, Paul Craig QC FBA et al.•Public Employment Services and…•2007

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• Overview of Recent Cases before the European Court of Human Rights and the European Court of Justice (November 2010 – March 2011)

  Open Access•Mel Cousins•European Journal of Social Security•2011

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• A policy of inconsistency and hypocrisy

  Philip Larkin•The Journal of Social Welfare Law•2009

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• The ‘Right to Reside’ and Social Security Entitlements

  Mel Cousins•The Journal of Social Welfare Law•2007

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• II. Eu Citizenship

  Open Access•Joseph A McMahon, Joe McMahon et al.•International and Comparative Law…•2006

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• The Essence of Eu Citizenship Emerging From the Last Ten Years of Academic Debate

  Open Access•Dimitry Kochenov•International and Comparative Law…•2013

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