Reverse Discrimination in the European Union

Reverse Discrimination in the European Union offers an up-to-date standard reference work on reverse discrimination.
Author(s):
Valérie Verbist
Series:
Discriminatierecht in theorie en praktijk
Volume:
4
book | published | 1st edition
June 2017 | xxii + 358 pp.

Paperback
€58.-


ISBN 9781780684581


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Details

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.

Chapters

Table of Contents and Preliminary Pages (p. 0)

Chapter 1. Introduction (p. 1)

PART I. REVERSE DISCRIMINATION FROM A UNION PERSPECTIVE

Chapter 2. The European Court of Justice’s Approach to Reverse Discrimination (p. 21)

Chapter 3. Applicability and Interpretation of the Purely Internal Situation Docrine (p. 47)

PART II. REVERSE DISCRIMINATION FROM NATIONAL PERSPECTIVES

Chapter 4. Reverse Discrimination with Respect to Goods (p. 183)

Chapter 5. Reverse Discrimination of Persons (p. 197)

PART III. REVERSE DISCRIMINATION IN A FEDERAL STATE CONTEXT

Chapter 6. Union Perspective on Reverse Discrimination in a Federal State Context (p. 267)

Chapter 7. National Perspectives on Reverse Discrimination in a Federal State Context (p. 303)

Chapter 8. Conclusion (p. 337)

Bibliography (p. 351)

About the series:

Discriminatierecht in theorie en praktijk

In de tweetalige reeks Discriminatierecht in theorie en praktijk / Discrimination Law in Theory and Practice verschijnen studies die actuele ontwikkelingen in het discriminatierecht identificeren en duiden. De reeks is gericht zowel op academici als beleidsmakers.

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