La discrimination à rebours : état des lieux d'une sanction au parcours sinueux

Abstract

Reverse discrimination, which leads to treating community situations more favorably than purely internal or extra-community situations, leads to a break in the application of the principle of equality based, in short, on the non-submission of the situation to European law. While the Court of Justice of the European Union refers the task of remedying such discrimination to the national courts, sanctioning reverse discrimination in domestic law is proving to be a perilous path due to the diversity of the judges involved in its implementation and the complex mechanisms it gives rise to. Thus, the contours of the sanctioning of reverse discrimination oscillate between uncertainties and prospects for improvement.