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Race Discrimination and the European Union Anno 1996

From Rhetoric to Legal Remedy

Bibliographic Data

ID12189145
AuthorsDeirdre Curtin (0000-0002-0976-0319, corresponding author), M Geurts (0000-0003-4297-8659)
Year1996
Volume14
Issue2
Pages147-171
Publication date1996-06-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueNetherlands Quarterly of Human Rights (JOURNAL)
Journal identifiersISSN: 0924-0519 • E-ISSN: 2214-7357
PublisherSAGE Publishing (PUBLISHER • US)
DOI10.1177/092405199601400203
OpenAlexW2780559290
LanguageEN
Citations received2

The question of the legal competence of the EU to adopt binding measures to assist in combatting racial discrimination has traditionally not received much attention. The Treaty on European Union does not include a general prohibition of discrimination but only of (pay related) sex discrimination. Moreover, the Treaty provision outlawing discrimination on grounds of nationality has generally been interpreted as limited to discrimination between nationals of the Member States. For the rest, if anything, the Treaty provisions actually reinforce unequal treatment between the legal situation of migrants with the nationality of a Member State and ‘third country nationals’ (in particular the free movement of persons provisions and the definition of European Union citizenship, as introduced by the Maastricht Treaty). This not only risks feeding xenophobia, it is also an unacceptable starting-point to combat the disgraceful manifestations of racism in the territory of the Member States of the European Union. It is significant that in the run up to the Inter-Governmental Conference to amend the terms of the Treaty, a widely made proposal is to include a prohibition on discrimination on grounds inter alia of race and ethnic origin. A tandem proposal is to provide equal treatment for established third country nationals in certain respects. This article examines both the current situation (possible judicial and legislative approaches) as well as the desirable Treaty amendments

Business · Citizenship · European union · European Union law · Immigration · International trade · Legislature · Member state · Member states · Nationality · Political science · Politics · Racism · Treaty · Treaty of Lisbon · Xenophobia · Discrimination and Equality Law · European and International Law Studies · Law · Taxation and Legal Issues

  • Legal Protection against Discrimination based on Racial and Ethnic Origin Under European Union Law — Necessary but not Sufficient

    Open Access•Siobhan McInerney•International Journal of…•2003

  • The EU Race Directive

    Open Access•Erica Howard•International Journal of…•2004

Unique citing works2
Citations per year0.09
Citation span2003 - 2004 (2)
Citation velocityhistorical
Highly citedNo
Citation typesNeutral: 2

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