Summary

The latest thematic report from the European Network of Legal Experts, titled “Links between Migration and Discrimination” is now available. This report, authored by Olivier De Schutter, is published by the European Commission on the authority of the European Network of Independent Legal Experts in the non-discrimination field, a network established and managed by MPG and the Human European Consultancy.

Description

This report describes the links between nationality and protection from discrimination under EU and international law as well as in the domestic legal systems of the EU Member States. Its purpose is to identify whether third-country nationals are protected, once they enter the European Union, from discrimination on grounds of nationality and from discrimination on grounds of race, ethnic origin or religion in situations where nationality is used as a proxy for these grounds.

The report also aims to identify if there is a gap in the degree of protection afforded to third-country nationals, by examining whether they are protected from discrimination on grounds of nationality under international or European human rights law, under national constitutions, or under the ordinary domestic legislation of EU Member States.

After thorough analysis of this issue, the author draws important conclusions, stressing that the prohibition of discrimination may imply that differences in treatment between nationals and foreigners may be subject to scrutiny, and that when implementing EU law, Member States should take into account the need not to establish or maintain differences in treatment between different categories of foreign nationals.