Acta Universitatis Danubius. Administratio, Vol 5, No 1 (2013)

The General Principle of non Discrimination and Equal Treatment in the Legislation and Jurisprudence of the Court of Justice of the European Union

Gina Livioara Goga


The principle of non discrimination and the principle of equal treatment are today regulated by most of the national law systems, including the administrative documents. The principle of equal treatment enjoys maybe the longest period of regulation as it was inserted two centuries ago in a document of essential value for humanity, namely the Declaration of fundamental human and citizen rights in 1789. At the level of the EU, the equal treatment and non discrimination have the value of fundamental rights of the citizen, while within the European Code of Good Administrative Conduct they have the value of principles of administrative law. The consequence of non compliance with these principles is regulated in the Charter of fundamental rights of the European Union, according to which any discrimination based on certain criteria is unjustified, with exceptions when unequal treatments can be accepted for grounded situations. From this point of view, in the activity of the authorities of the public administration but also in the jurisdictional activity, the principle of non discrimination and equal treatment has been analysed from the perspective of other principles, such as the legality, proportionality, transparency and equivalence. This study focuses on the analysis of the forms of discrimination underlined by the legislation of the EU, being then underlined in the jurisprudence of the EU and mainly of the focus of the influence of the other principles on the non discrimination and equal treatment principles.


Full Text: 138-145


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