Discrimination: A Problem or an Alibi?

Tez Türü: Yüksek Lisans

Tezin Yürütüldüğü Kurum: University of London - The London School of Economics and Political Science, Özel Hukuk, Birleşik Krallık

Tez Danışmanı: Trevor Hartley

Tezin Onay Tarihi: 2008

Tezin Dili: İngilizce

Desteklendiği Program: Diğer

Özet:

The idea of European Union (EU) of which the traces can be pursued historically back to the 14th century, from the 1950s when the formal foundations of the Union was laid up until today is based on the same aim: establishing a common market between member states, free of obstacles to ‘free movement of goods, persons, services and capital’. In the pursuit of its basic aim, the Treaty on the Functioning of the European Union(TFEU) prohibits certain types of discrimination, especially any discrimination on grounds of nationality prohibited by Article 18 of the TFEU.

The EU Commission attaches special importance to the studies over the prohibition of nationality discrimination by setting this principle as one of the core principles underlying all Union policies. The European Court of Justice (ECJ) is however, with no regard to the consistency in the application of the non-discriminatory provisions.

The aim of this study is not only to examine the concept of ‘discrimination’ and its effects, but also to expose the somewhat ‘twisted’ approach of ECJ towards this problem resulting the prevalence of discrimination within the Union, in spite of the distinct articles contained in the TFEU. Meanwhile, this study aims to examine this ‘corruption’ comprehensively and produce some theories regarding the reasons behind discrimination in the EU and its continued existence.