“Racial or Ethnic Origin” vs. “Membership of a National Minority” in EU Law
“Racial or Ethnic Origin” vs. “Membership of a National Minority” in EU Law

Summary/Abstract: The requirement of coherence implies that the EU should build on the acquis of international and European human rights law when interpreting its legislative powers. Discrimination based on “racial and ethnic origin” as enshrined in Article 19 TFEU covers discrimination based on belonging to a national minority as well. Clash of views might (and certainly would) arise regarding the constitutive elements of national minority; however, this should not be a legal obstacle when adopting EU legislation concerning national minorities. Noting that the Union have competences to adopt legislation concerning the Roma minority (whether or not the text of the treaties uses the term minority) and that “ethnicity” covers nationality, religion, language or cultural and traditional origins, the General Court could – without too much judicial activism – find that the EU indeed has competences to adopt legal acts – amongst others – concerning national minorities.

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