The approaches of the EU Court of Justice and the European Court of Human Rights vis-à-vis discrimination on the ground of nationality in social security

Abstract

The case law of the CoJ and the ECtHR on discrimination on ground of nationality differs, in particular since the latter Court does not use the concept of indirect discrimination. Furthermore for the CoJ being an EU citizen is a relevant argument in the objective justification of discrimination whereas this is not the case for the ECtHR