The equality before the law in the doctrine of the CJEU

  • José Manuel Martínez Sierra Universidad Complutense de Madrid Harvard University
  • Covadonga Ferrer Martín de Vidales Universidad Complutense de Madrid
DOI: https://doi.org/10.18543/ed-65(2)-2017pp211-245
Keywords: Equality before the law, Charter of Fundamental Rights of the European Union, case-law of the Court of Justice of the European Union.

Abstract

Equality before the law is a general principle of European Union Law which, as the Court of Justice of the European Union has recognized, is enshrined in all Member States constitutions. It constitutes a European Union Law fundamental principle and it is also incorporated in the Charter of Fundamental Rights of the European Union. This paper examines the equality principle evolution in the European Court case-law. Furthermore, it analyzes if the mentioned approval has implied a significant improvement in the mentioned jurisprudence. From there we conclude that the Charter of Fundamental Rights has not improved the Equality Principle recognition in the European Union Law.

Received: 10 February 2017
Accepted: 28 November 2017
Published online: 27 December 2017

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Author Biographies

José Manuel Martínez Sierra, Universidad Complutense de Madrid Harvard University

Profesor de Derecho Constitucional

Jean Monnet ad personam Chair in EU Law and Government

Covadonga Ferrer Martín de Vidales, Universidad Complutense de Madrid

Profesora de Derecho Constitucional

Published
2017-12-27
How to Cite
Martínez Sierra, José Manuel, and Covadonga Ferrer Martín de Vidales. 2017. “The Equality before the Law in the Doctrine of the CJEU”. Estudios De Deusto 65 (2), 211-45. https://doi.org/10.18543/ed-65(2)-2017pp211-245.
Issue
Vol. 65 No. 2 (2017)
Section
Studies

Last update: 08/02/2022

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