Enhancing the Protection of Third-Country Nationals against Discrimination: Putting EU Anti-Discrimination Law to the Test

Abstract

Non-discrimination and migration constitute two areas of EU law and policy that have greatly evolved since the entry into force of the Amsterdam Treaty. Both are of particular relevance to third-country nationals whose status, mobility and integration may depend highly on EU migration law and the EU's prohibition of discrimination. In between these two fields of EU law, there exists however a grey zone that remains insufficiently explored: it is a challenge for the coherence of EU anti-discrimination law. Should and can EU law enhance the protection of the third-country nationals whose status it regulates against nationality discrimination and against other forms of discrimination that may result from EU migration law?