Edited by Peter Mankowski
Chapter 12: The Brussels Ibis Regulation and the prohibition of discrimination under EU primary law
As an instrument of EU secondary law, the Brussels Ibis Regulation is obviously subject to the requirement of conformity with EU primary law, including the prohibition of discrimination on grounds of nationality that is included in Art. 18 TFEU. After an introductory overview of the pertinence of both nationality and domicile for Brussels Ibis, and the distinction between so-called intra-EU and extra-EU cases entailed, this contribution makes an in-depth analysis of this regulation’s references to nationality and, in particular, domicile from the perspective of the prohibition of (covert) discrimination. It concludes with a critical look at the pros and cons of a possible ‘universalization’ of the regulation’s scope of application and the way in which a hypothetical, future Brussels Iter regulation could accommodate the policy concerns involved.
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