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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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Nationality Discrimination in the European Internal Market (Hardcover)
Loot Price: R4,280
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Nationality Discrimination in the European Internal Market (Hardcover)
Series: European Monographs Series Set
Expected to ship within 10 - 15 working days
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Despite the high-flown rhetoric of civil society, it cannot be
denied that discrimination is still with us; it has merely gone
"underground". In the European project, and particularly in the
etiology of the EC Treaty's commitment to the free movement of
persons, defenders of national sovereignty are often also defenders
of inequality.;This text offers a fresh approach to this
all-important issue that exposes, in rigorous and well-informed
detail, a polity that defines discrimination correctly but then
refuses to see it where it occurs. It approaches the law of free
movement from a point of view that is regrettably uncommon: neither
that of market integration, nor that of Member State sovereignty
within the Union, but that of the individual dignity subsumed in
the state-citizen relationship.;Focusing on the relevant caselaw of
the European Court of Justice, the author shows that the law of
cross-border movement in Europe can - and should - be guided by the
principle of non-discrimination; and that, despite inconsistencies
in its judgments, and a tendency to retreat to the neutral language
of economics, the Court is "haunted" by the discriminatory
principles inherent in formalistic European legal systems. Its
jurisprudence will ultimately restructure them to impose respect
for difference and equality before the law.
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