Reverse discrimination and free movement of persons under Community law: all for Ulysses, nothing for Penelope?
in journal: European Law Review
( English title )
in journal: ( English title )
Appears in this special issue:
Volume number: 34
Issue number: 3
Release year: 2009
Page range: 433-454
Belgium, citizenship, Community nationals, discrimination, EC law, Free movement of persons
This article aims to address the so-called purely internal rule in the area of the free movement of persons, as well as the issue of reverse discrimination. It is submitted that problems relating to such issues should be resolved at European level, especially when they arise from the constitutional division of powers between intrastate entities, as illustrated in the Flemish Welfare Aid case. In such cases, the existence of a cross-border element should be assessed at regional level, in order to take account of the growing trend towards regional devolution and to ensure the effet utile of Community law. In addition, the Treaty provisions on Union citizenship could be invoked to abolish the requirement of a cross-border link, thereby eliminating any kind of reverse discrimination.