Civil Rights and EU Citizenship
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Civil Rights and EU Citizenship

Challenges at the Crossroads of the European, National and Private Spheres

Edited by Sybe de Vries, Henri de Waele and Marie-Pierre Granger

The process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus.
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Chapter 6: EU citizenship and EU anti-discrimination law: barriers to the enjoyment of the right to non-discrimination resulting from the legal anti-discrimination framework

Tomasz Dudek


By providing an overview of the EU’s anti-discrimination legal framework, the main aim of this chapter is to identify some of the barriers to the full enjoyment by the Union citizens of the right to non-discrimination that result from the current structure of that framework. Starting with an explanation of how ‘equality’ and ‘non-discrimination’ are understood in EU law and what the sources of EU anti-discrimination law are, the chapter then discusses the importance of the anti-discrimination law from the perspective of Union citizenship. Next, it analyses the characteristics of the EU anti-discrimination law, focusing on the forms of discrimination recognised as well as grounds on which discrimination is prohibited. It then identifies three groups of barriers which limit the possibilities to enjoy the right to non-discrimination. Lastly, the chapter provides some general conclusions based on the above analysis.

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