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Reverse Discrimination in the European Union: A Recurring Balancing Act

Reverse Discrimination in the European Union: A Recurring Balancing Act

Author: Valerie Verbist
Publisher: Intersentia Publishers
ISBN: 9781780684581
Published In: June 2017
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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The issue of ‘reverse discrimination’ is a topical subject, particularly in the field of family reunification. Reverse discrimination occurs when a European Union (EU) citizen in a ‘purely internal situation’ is treated less favourably than an EU citizen of another nationality whose situation is largely governed by EU law. Reverse Discrimination in the European Union offers an up-to-date standard reference work on reverse discrimination.

Part I of this book analyses the issue of reverse discrimination from an EU perspective. In particular, it questions whether reverse discrimination falls within the scope of application of Member State law or whether it falls within the ambit of EU law. Subsequently, it discusses the interpretation of the ‘purely internal situation’ doctrine on the basis of the case law of the European Court of Justice, giving special attention to recent developments since the controversial Ruiz Zambrano judgment.

Although reverse discrimination is of interest from the perspective of the Member States, it is still mostly studied from the viewpoint of the EU. To address this, Part II looks at reverse discrimination in five Member States, namely Belgium, France, Italy, Germany and Austria. The focus lies on the ground(s) on which the national authorities decide whether or not to allow stricter treatment of purely internal situations.

Finally, Part III analyses specific instances of reverse discrimination in federally structured Member States, from the perspective of both EU law and Belgian and German law.

Chapter 1. Introduction

PART I. REVERSE DISCRIMINATION FROM A UNION PERSPECTIVE

Chapter 2. The European Court of Justice’s Approach to Reverse Discrimination

Chapter 3. Applicability and Interpretation of the Purely Internal Situation Docrine

PART II. REVERSE DISCRIMINATION FROM NATIONAL PERSPECTIVES

Chapter 4. Reverse Discrimination with Respect to Goods

Chapter 5. Reverse Discrimination of Persons

PART III. REVERSE DISCRIMINATION IN A FEDERAL STATE CONTEXT

Chapter 6. Union Perspective on Reverse Discrimination in a Federal State Context

Chapter 7. National Perspectives on Reverse Discrimination in a Federal State Context

Chapter 8. Conclusion

Bibliography