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Non-Discrimination on the Ground of Nationality in Social Security: What are the Consequences of the Accession of the EU to the ECHR?

17 Pages Posted: 7 Feb 2013  

Frans Pennings

Utrecht University School of Law

Date Written: January 31, 2013

Abstract

The European Court of Human Rights and the Court of Justice of the EU have both developed their own approach to discrimination on the ground of nationality. The context of both approaches is very different and therefore it is not surprising that they diverge considerably. Because of the expected adherence of the EU to the ECHR it is important to analyse these divergences. This contribution describes the case law of both courts in detail, and pays attention to the differences in approach between EU nationals and third-country nationals. It also analyses the differences in approach in respect of direct and indirect discrimination. Finally, the contribution summarises the areas where differences in approach are most likely to appear.

Keywords: discrimination, nationality, social security, ECHR, coordination of social security

Suggested Citation

Pennings, Frans, Non-Discrimination on the Ground of Nationality in Social Security: What are the Consequences of the Accession of the EU to the ECHR? (January 31, 2013). Utrecht Law Review, Vol. 9, No. 1, p. 118-134, January 2013. Available at SSRN: https://ssrn.com/abstract=2212128

Frans Pennings (Contact Author)

Utrecht University School of Law ( email )

3508 TC Utrecht
Utrecht
Netherlands

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