Due to the fundamentally different legal regimes for EU citizens and third-country nationals (TCNs) in EU law, each is usually studied and considered separately. However, it is sometimes important to bring them together in order to identify common approaches taken by the ECJ to both regimes. This is precisely the case when it comes to non-discrimination and equal treatment, as interpreted by the Court. This paper argues that through legal contortions, the concept of integration is increasingly used by the ECJ to completely remove all substance from equality and non-discrimination — the principles which are essential for granting rights to EU citizens or TCNs. This situation leads to the absurd outcome of equality being applied in a discriminatory way. Indeed, rights which are supposed to foster integration are only granted to certain integrated EU citizens and TCNs — the “good citizens to-be” — reducing equality to an empty shell and eroding trust in EU fundamental rights and values.
We look forward to welcoming you on July 4-6, 2022 for our Annual Conference on Global Problems and Prospects in Public Law.
Check out the preliminary program and register your participation by June 11!