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General prohibition of discrimination on grounds of nationality

General principle of greater importance is the general principle of non-discrimination. (Article 12 treatments. EU). It is a specification of the principle of non-discrimination that takes on a more international in the European Treaty. It translates into an absolute prohibition of general application and for member states to include in any instrument of discrimination based on nationality between legal entities that is on belonging to a state rather than another. But its scope is to be referred to a much broader because discrimination can not be carried out also through other factors that also the ninth justify unequal treatment. This ban has taken a range preceptive identical to the established principle of legal equality of all national constitutions including tax. The principle of equal treatment has effective cross that extends to all the Community's objectives in the sense that any difference in treatment made by states without a valid reason which hinders the creation of a Community target falls within the orbit of the prohibition in examination. The elements that need to be explored is that there is an unlawful discrimination:
- consider each case the individual state legislation in its application and in its effects to determine the legal consequences that may result from its implementation (the Pre-Trial evaluation of the case)
- treat the tertium comparationis, namely the case other than suspected of being discriminatory in relation to what might constitute discrimination (opinion of comparability of the case) → we investigate the reasons which prompted the legislature to dictate a different discipline for certain types
in the event of a positive outcome of the court must consider the comparability of different treatment barriers introduced by the national legislature a Community objective. You make a case between two conflicting laws: the state and community. (Assessment of comparability of discriminatory rules with EU rules)
- The last stage is to establish, once it became clear that the difference in treatment is not comparable with Community law, if there can be good and reasonable cause to differentiate the legal regime of the state legislature (the justifications for different treatment) If
at this stage may prove justified the difference in treatment can be defined (not a discrimination prohibited) a difference in treatment is not discriminatory. This is a particular application of the principle of proportionality, as if there is unequal treatment on grounds of special interests in the country that can justify the legislation, that the interpreter must make an assessment of balance of interests. In the literature also referred to the opinion of reasonableness to express the wide discretion enjoyed by the interpreter in the assessment of interests.
It could be said to prevail should always be the community interest by virtue of the general principle of the primacy of Community law over state law but not so as it is to assess whether a particular case should prevail in the creation of a Community target hindered from discrimination.
According to the Court of Justice prohibited discrimination are also the potential that may arise in the future because of the existence of the regulatory framework.