The reverse discrimination in the European Union Law and the “constitutionalization” of economic liberties | 2014

Author(s) Pedro Daniel Alves de Sousa Cruz
Advisor(s) Alessandra Silveira and Pedro Madeira Froufe
Year 2014

Synopsis In order to understand the European Union and its Law it is important to apprehend the way European legal standards relate to national standards. The solutions they contemplate and the way both are interlinked and combine with each other lead to the outbreak of problematic issues which still require clarification and explanation. The phenomenon of reverse discrimination and the constitutionalization of economic liberties are subjects of great interest, so that we can understand at once the evolution and the prospects of the integration process in Europe. Reverse discrimination happens when a citizen of a Member State, who is in a situation called “purely internal”, receives less favorable treatment and, due to that, that citizen can neither invoke the European Union Law (EUL) nor benefit from the fundamentality pattern which comes with it, putting himself at a disadvantageous position in relation to other citizens of other Member States, who can benefit from that protection in the host Member State. Through the study which was done, it becomes evident that at the current stage of integration , differentiation in treatment among citizens called static and the ones called dynamic makes no sense at all, since we are in a European Union which is increasingly marked by citizenship and the protection of fundamental rights . So, such type of discrimination, which is known as reverse discrimination, should be questioned and fought against. Throughout this study, we intend to check how that purpose can be achieved and how the constitutionalization of the economic liberties can contribute to that, giving rise to a system of equalitarian protection for all European citizens.

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