Research Handbook on the Brussels Ibis Regulation
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Research Handbook on the Brussels Ibis Regulation

Edited by Peter Mankowski

This timely Research Handbook addresses the cutting edges of the Brussels Ibis Regulation, in particular its place within the overall system of EU law and its adaptations in response to lawsuits or the needs of particular industries. Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to this, analysing the most recent developments in legislation and practice and providing an outlook on the future of this field of EU law.
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Chapter 12: The Brussels Ibis Regulation and the prohibition of discrimination under EU primary law

Johan Meeusen

Abstract

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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