Non-Discrimination on the Ground of Nationality in Social Security: What are the Consequences of the Accession of the EU to the ECHR?

Abstract

The European Court of Human Rights and the Court of Justice of the EU have both developed their own approach to discrimination on the ground of nationality. The context of both approaches is very different and therefore it is not surprising that they diverge considerably. Because of the expected adherence of the EU to the ECHR it is important to analyse these divergences. This contribution describes the case law of both courts in detail, and pays attention to the differences in approach between EU nationals and third-country nationals. It also analyses the differences in approach in respect of direct and indirect discrimination. Finally, the contribution summarises the areas where differences in approach are most likely to appear.