Principle of Non-Discrimination or about the Recent Approaches to a Classic Principle

In the hierarchy of general principles of the EU law, together with the institutional principles (of loyal cooperation and institutional balance) and procedural principles (the right to defense and the right to an effective recourse), the substantial principle of non-discrimination is far from being less important and stands out due to its fairly interesting background [1]. Initially described as a general constitutional principle, its scope evolved from the rule of equal treatment applied in the relationships between economic operators on the market [2] to employment relationships, where it settled down to make a fine career. The bold and sometimes challenged guidelines of the CJEU in its application, laid down in Defrenne II, Raccanelli, Mangold or ACCEPT, are a statement of its generous realization [3]. Currently defined also by Article 21 of the EU Charter of Fundamental Rights ( and extended by the particular application from Article 23 of the Charter), the principle of non-discrimination seems to be extending also beyond employment relationships by the use of the notion of citizenship for securing the exercise of the right to free movement or even to relationships between professionals and consumers [4]. The recent controversies concerning the EU lawmaker's possibility of restricting the principle of non-discrimination by issuing a directive on the fight against discrimination brought about by Test-Achats complete the article's essence. Finally, in some more recent doctrinaire assessments on its extent and utility, the principle of nondiscrimination is elevated even to the rank of general principle of the EU private law, which, naturally, consolidates its statute [5].