PRAVO GRAĐANA EU NA NEDISKRIMINATORSKI POSTUPAK PO OSNOVU DRŽAVLJANSTVA

Apstrakt

A general prohibition of discrimination on grounds of nationality can be found in Article 12 (ex Article 6) EC Treaty. According to this provision, discrimination that can be attributed to a nationality requirement is prohibited within the scope of application of this Treaty, and without prejudice to any special provision contained therein. Community law does not just prohibit direct discrimination. As stated in Article 12 EC Treaty, any discrimination is prohibited. Indirect discrimination arises where a provision is likely to affect EU nationals in the exercise of their Treaty rights disproportionately. It may arise where a condition is imposed which is sought to be justified on the basis that it applies both to those exercising Treaty rights and own nationals, but where the ability of those exercising Treaty rights to satisfy any such condition is intrinsically more difficult.