Editorial
| Author | Anne Pieter van der Mei,Elise Muir |
| Published date | 01 March 2011 |
| Date | 01 March 2011 |
| DOI | http://doi.org/10.1177/1023263X1101800101 |
| Subject Matter | Editorial |
18 MJ 1–2 (2011) 3
EDITORIAL
E M* and A P M**
i s special double issue revisits one of the classic principles of EU law: equa lity, or non-
discrimination. While always having been at the heart of the integration process, in
recent years the equalit y principle has evolved signi cantly. Its scope of application has
been expanded and it is by now clear t hat the principle is more than a tool for merging
markets. Equality has matured as a constitut ional principle imposing li mits on the free
exercise of powers or rights of the EU inst itutions, the Member States and individua ls in
economic, social and polit ical spheres. e prohibition of nationality discr imination now
constitutes the backbone of EU citizenship, whilst the bans on sex, race/ethnic origin,
religion/belief, disability, sexual orientation and age discrimination have matured as
pillars of EU fundamental rights law and policy. Legislative developments in the past
decade (such as the Citizens’ Rig hts, Race and Framework Equa lity Directives)1 as well
as recent case law (for example Bidar2, Zambrano3 and Kücükdeveci4 to quote but a few)
provide much food for academic t hought. New questions, o en having constitutional
dimensions, have arisen relating to inter alia the horizontal direct e ect of the general
principle of non-discrimination, reverse discrimination and Member States’ duty to
show nancia l solidarity towards non-economical ly active mobile citizens and t he rights
of third-country nationa ls.
Traditionally, a distinction is made bet ween what Elise Muir labels in her contribution
as, ‘nationality anti-discrimination law’ and ‘dignitar ian anti-discr imination law’.
e former branch of EU anti-discrimination law has, at least until the recent ruling
* Elise Muir is a n Assistant Profess or at the Law Faculty of Maa stricht University.
** Assistant Profe ssor of European Law, Maastr icht University.
1 Directive 2004 /38/EC of the Europ ean Parliament a nd of the Council of 29 April 2004 on t he right
of citizens of t he Union and their fa mily members to move and re side freely within the terr itory of
the Member States, [20 04] OJ L 158/77; Council Directive 20 00/43/EC of 29 June 2000 implementing
the principle of equa l treatment between persons ir respective of racial or eth nic origin, [2000] OJ L
180/22; Council Di rective 2000/78/ EC of 27 November 2000 est ablishing a genera l framework for equa l
treatment in employ ment and occupation, [2000] OJ L 303/16.
2 Case C-209/03 e Queen, on the applic ation of Dany Bidar v. London Boroug h of Ealing and Secretary
of State for Educat ion and Skills [2005] ECR I-02119.
3 Case C-34/09 Gerardo Ru iz Zambrano v. O ce national de l’emploi (ONEm), Judgement of the Court of
8 March 2011, not yet reported.
4 Case C-555/07 Se da Kücükdeve ci v. Swedex GmbH & Co. KG, Judgement of the Cou rt of 19 January
2010, not yet reported.
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