ZABRANA DISKRIMINACIJE NA OSNOVU DRŽAVLJANSTVA U EVROPSKOJ UNIJI
PROHIBITION OF DISCRIMINATION BASED ON NATIONALITY IN THE EUROPEAN UNION

Summary/Abstract: European law has developed a broad legal framework with regard to combating various forms of discrimination, including discrimination on grounds of nationality. Anti-discrimination law is intended to enable each individual an equal and fair access to the opportunities offered by the society. From the concept of "European anti-discrimination law" could be concluded that there is a single European system of antidiscrimination rules, but this system is actually comprising more areas. It is important to emphasize that the EU Court of Justice in the protection of human rights within the framework of EU law relies on the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). The Charter of Fundamental Rights also contains (among others) series of rights under the Convention. The principle of non-discrimination on grounds of nationality is a basic principle of the EU (Article II-81, paragraph 2, of the Charter of Fundamental Rights of the EU) and is foreseen in Article 14 of the ECHR. Prohibition of discrimination on grounds of nationality is one of the rights of citizens of the European Union. The clause on the prohibition of discrimination on grounds of nationality under Article 18 Treaty on the Functioning of the European Union (TFEU) does not include a ban on the basis of other criteria such as race or sex, or even relevant provisions of the Treaty, prohibition of discrimination on other grounds, it is not a lex specialis in relation to Article 18 TFEU.

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