Equality as principle and equality as a right in the ECJ case law after Ajos/Dansk Industri – Discussants: Giulia Gentile, Rosita Zucaro

The case law of the Court of Justice has been characterized by the recurrent use of equality as a tool to fill the gap in the interpretation of EU and national constitutional law while simultaneously advancing the integration between the national and constitutional legal order. In the last few years,
however, the combination of the use of equality as a general principle (“equality as a principle”) and in the Charter of Fundamental Rights (“equality as a right”) gave to a number of national constitutional courts reasons to believe that the interpretation of fundamental elements of the EU constitutional legal order could impinge on the noyau dur of national constitutional rights. This reaction has, however, brought consequences in the case law of the Court of Justice of the EU and in the way in which the combination between general principles and the Charter is handled.