Legal considerations concerning Case C-163/20, CP foreign Cover Image

Considerații juridice privind Cauza C-163/20, CP străină
Legal considerations concerning Case C-163/20, CP foreign

Author(s): Cristian Nuică
Subject(s): International Law, Human Rights and Humanitarian Law, EU-Legislation, Court case
Published by: Centrul de Studii Internationale
Keywords: Case C-163/20; CP foreign; Austria; European Union; Court of Justice of the European Union; the principle of non-discrimination; migrant workers;

Summary/Abstract: This article seeks to find answers to the question referred for a preliminary ruling in the case of Case C-163/20, PC CP, pending before the Court of Justice of the European Union.The purpose of this article is to present legally reasoned opinions on the subject-matter of the reference for a preliminary ruling and to show whether it is discriminatory to reduce the family allowance specific to raising minors in the case of migrant workers in Austria but whose minor children reside in the State whose citizens they are.Following the legal analysis, the author concludes that the situation described is discrimination, and the answer to the question referred should be in the affirmative, namely that EU law prohibits the application of a national law which diminishes the specific family allowance for raising children in in the case of migrant workers who are in the territory of the Austrian State but whose minor children reside in the territory of the State of which they are nationals.

  • Issue Year: 17/2021
  • Issue No: 2
  • Page Range: 35-46
  • Page Count: 12
  • Language: Romanian