Giurisdizione in materia matrimoniale e principio di non discriminazione in base alla nazionalità

BIAGIONI, GIACOMO

2022-01-01

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Abstract

The paper explores, with reference to the judgment of the CJEU in case C- 522/20, OE, the interaction between EU rules on jurisdiction based on the nationality of the parties and the prohibition of any discrimination on the grounds of nationality. In particular, it is argued that, even though the principle of non-discrimination as enshrined in Article 18 TFEU and in Article 21 of the Charter of Fundamental Rights has a general relevance under EU law, the EU institutions retain a certain margin of discretion in its implementation in the framework of judicial cooperation in civil matters.