文章基本信息

标题：Non-Discrimination on the Ground of Nationality in Social Security: What are the Consequences of the Accession of the EU to the ECHR?
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作者：Frans Pennings
期刊名称：Utrecht Law Review
电子版ISSN：1871-515X
出版年度：2013
卷号：9
期号：1
页码：118-134
DOI：10.18352/ulr.217
出版社：Igitur, Utrecht Publishing and Archiving Services
摘要：The European Court of Human Rights and the Court of Justice of the EU have both developed their own approach to discrimination on the ground of nationality. The context of both approaches is very different and therefore it is not surprising that they diverge considerably. Because of the expected adherence of the EU to the ECHR it is important to analyse these divergences. This contribution describes the case law of both courts in detail, and pays attention to the differences in approach between EU nationals and third-country nationals. It also analyses the differences in approach in respect of direct and indirect discrimination. Finally, the contribution summarises the areas where differences in approach are most likely to appear.
关键词：discrimination; nationality; social security; ECHR; coordination of social security