The Outer Limits of the Prohibition of Discrimination on Grounds of Nationality: A Look through the Lens of Union Citizenship

Abstract

This contribution analyses the outer limits of the EU prohibition of discrimination on the grounds of nationality. The first part considers the case law of the Court of Justice on the substantive scope of the prohibition in cross-border situations. It demonstrates that the mere possession of Union citizenship plus the presence of a cross-border element suffices for equality of treatment in relation to any substantive right or benefit to the exclusion of arguably none. The right to equal treatment regardless of nationality is no longer functionally related to freedom of movement but a basic ingredient of Union citizenship. This, however, as the second part of the contribution argues, does not imply that the second outer limit, id est the non-application of the ban on nationality discrimination in internal situations, has lost legal significance. Union citizenship, and more generally EU law, do not ensure abolition of so-called ‘reverse discrimination.’