The principle of non-discrimination in
(Or why a Greek passport is actually a European one)
By
One of the fundamental rules of European law is the prohibition of
discrimination based on nationality. In plain words this means that a citizen
of one
The basic principle (with very few exceptions) is that, if you are a
citizen/national of a country, which is a member of the EU, you are entitled to
travel, work, establish, study and enjoy the same benefits in any other EU
country, without discrimination of nationality, since you are a EU citizen.
This basic principle is implemented everyday in all EU countries, where
millions of EU citizens move from one Member State to another, to find work,
study, establish families or simply to enjoy residence in another EU country,
without the need of a passport or a visa and with the issuing of a work and
residence permit being a simply procedural and not a substantial matter.
There are, of course, cases, where national governments keep in
existence rules which result in discrimination based on nationality. Such
rules, regulations or laws, once discovered, are being quashed either by the
national courts, or by the European Court of Justice (ECJ) in
One such case resulted in the James
Wood ruling of the European Court of Justice. James Wood, a British
national, lived with his partner, Evelyne Arraitz, a French national, for more
than 20 years in
French law gave to the French relatives of the victim, who died outside
of the EU (in
Indeed, French law stated that in such a case only French nationals were
entitled to compensation. That law was violating European law, therefore it
should be abolished.
Mr Wood lodged his
claims based on Article 12 of the EU Treaty, which prohibits all discrimination
on grounds of nationality. According to Mr Wood, who stated that he lived,
worked and paid taxes in
The French
administration countered that they were merely applying French law, which gave
compensation only to French nationals.
The European Court
finally issued its ruling stating that European law precludes
legislation of a Member State which excludes nationals of other Member States
who live and work in its territory from the grant of compensation intended to
make good losses resulting from offences against the person where the crime in
question was not committed on the territory of that State, on the sole ground
of their nationality.
The Court therefore found that Mr. Wood had been
discriminated against by the French administration, on the grounds of his
nationality and that is a violation of European law, which precludes any
discrimination between EU nationals, based on their nationality.
This is a very good example of the benefits which
enjoy the holders of Greek passports.
e-mail: bm-bioxoi@