Archive for April, 2014

In the courts

April 4, 2014

In Ireland (support discrimination)
Case 2009 629

The High Court found that there was no reverse discrimination against the family because as Irish citizens they were not in the same position as Union citizens exercising EU Treaty rights. In any event, the EU has always recognised the principle of reverse discrimination. Ireland is entitled to treat its own citizens less favourably than other Union citizens who are in a position to rely on specific EU Treaty rights which Irish citizens are not in a position to avail of.

In Cyprus (reject discrimination)
Supreme Court, Cyprus_C_1241_2006

Of course it is not expected that the Directive would provide for a right to Cypriots to reside in their own country and surely we would come down to absurd results if we would accept that the applicant could reside lawfully in any other country of the EU except for Cyprus.

Clearly for reasons of equal treatment of Cypriot citizens with other EU citizens, we cannot but accept that the rights conferred to relatives of nationals of other member states are granted to the relatives of Cypriots, too.

In the European Court of Justice (reject discrimination)
ECJ Case C‑34/09 Zambrano – OPINION OF ADVOCATE GENERAL Sharpston,

I therefore suggest to the Court that Article 18 TFEU should be interpreted as prohibiting reverse discrimination caused by the interaction between Article 21 TFEU and national law that entails a violation of a fundamental right protected under EU law, where at least equivalent protection is not available under national law.