Despite the long-standing interpretation of Art. 18 TFEU and Art. 21, para. 2 of the Charter does not cover third-country nationals (TCNs), the EU legislation in asylum and immigration policy makes large use of national treatment. The essay builds upon this finding and looks at such legislation with a view to pinpoint the actual impact of this questionable interpretation (especially that of Art. 21, para. 1 of the Charter) on the statuses of TCNs in EU law. It examines the role of the Geneva Convention for beneficiaries of international protection in this area and, for the other groups of TCNs, it identifies a role for the general principle of law, which prohibits both treating similar situations differently and treating different situations in the same way unless there are objective reasons for such treatment. Both the Geneva Convention and the said general principle could be relied upon more extensively to build a more equal legal picture. The role of the Charter in this connection is also highlighted.
I percorsi del trattamento nazionale per i cittadini di Stati terzi nel diritto dell'Unione europea
PIstoia Emanuela
2019-01-01
Abstract
Despite the long-standing interpretation of Art. 18 TFEU and Art. 21, para. 2 of the Charter does not cover third-country nationals (TCNs), the EU legislation in asylum and immigration policy makes large use of national treatment. The essay builds upon this finding and looks at such legislation with a view to pinpoint the actual impact of this questionable interpretation (especially that of Art. 21, para. 1 of the Charter) on the statuses of TCNs in EU law. It examines the role of the Geneva Convention for beneficiaries of international protection in this area and, for the other groups of TCNs, it identifies a role for the general principle of law, which prohibits both treating similar situations differently and treating different situations in the same way unless there are objective reasons for such treatment. Both the Geneva Convention and the said general principle could be relied upon more extensively to build a more equal legal picture. The role of the Charter in this connection is also highlighted.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
