The Right to Non-Discrimination on the Ground of Sexual Orientation: An Analysis of the EU Legislation and the ECJ's Jurisprudence

Abstract

The Paper explores the right of non-discrimination on the ground of sexual orientation from the perspective of the European Union. In the first part, it analyses how Member States address the issue and EU citizen’s perception on the topic. Then, using a ECJ case law, the paper analyses EU legislation and how it interacts with national systems, highlighting the means by which EU citizens can act in order to see their rights respected. The paper also explores the gaps present in EU legislation and how these gaps could affect the fruition of the rights bound to EU citizenship. The paper concludes that despite the presence of important gaps and limitations deriving from the Treaties, the European Union’s institutions and in particular, the European Court of Justice play a fundamental role in the expansion and the respect of these rights.