Free Movement and Anti-Discrimination

European Citizenship

Every person holding the nationality of a Member State shall be a citizen of the Union. It is additional to and does not replace national citizenship, granting rights like free movement. (Art. 20 TFEU)

‘Worker’ Under EU Law

Any person who pursues genuine and effective work activities under the direction of another person for which they are remunerated. The term is interpreted broadly by the CJEU. (Lawrie-Blum, C-66/85)

Justifications for Discrimination

An exception to the right of free movement that permits a Member State to restrict entry or residence only if the individual's conduct constitutes "a genuine and sufficiently serious threat affecting one of the fundamental interests of society." (Van Duyn, C-41/74)

Direct Discrimination 

Occurs when a person is treated less favourably than another in a comparable situation based on a prohibited ground (e.g., sex, racial origin).

Indirect Discrimination

Occurs when an apparently neutral provision, criterion, or practice puts persons having a particular characteristic at a particular disadvantage compared to others, unless the provision is objectively justified by a legitimate aim.

Affirmative Action

Specific measures adopted to prevent or compensate for disadvantages linked to a certain characteristic (e.g., gender) in order to ensure full equality in practice. (Art. 157(4) TFEU)