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To What Extent Has Reverse Discrimination Been Reversed?

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Abstract This contribution will try to answer the question whether and to what extent the introduction of the genuine enjoyment-test by the CJEU in Ruiz Zambrano can put an end to cases of reverse discrimination. A broad reading of the so-called inter-State link in the CJEU’s earlier case law, has mitigated the effects of this restriction, but has not meant that reverse discrimination has disappeared. It is argued that the genuine enjoyment-test, which obliges Member States not to execute measures which affect the genuine enjoyment of citizenship rights, has the potential to put an end to reverse discrimination. To move the test on so that it protects all Union citizens, rather than being restricted to ‘special cases, who are confronted with a national measure affecting the genuine enjoyment of the substance of their citizenship rights’, the rights affected by the test need to be established and, subsequently, the substance of those rights needs to be outlined.

Affiliations: 1: Department of European and International Law, Tilburg University Tilburg the Netherlands


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