24 October 2025
Ethnically Stratified Citizenship
The upcoming ECJ judgment in Slagelse Almennyttige Boligselskab – the so-called Danish Ghetto Area case – could reshape the boundaries of EU equality law. At issue is whether Denmark’s policy targeting neighborhoods with more than 50% “non-western immigrants and their descendants” amounts to discrimination based on race or ethnic origin. While Advocate General Ćapeta framed the case around ethnic discrimination, the deeper question is one of EU citizenship: can EU law accept stratification of EU citizenship along ethnic lines? Continue reading >>
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12 May 2025
The Nationality Lottery
On 24 March 2025, the Amsterdam District Court issued a consequential judgement on deprivation of nationality after a terrorist conviction. The ruling stated that the Dutch government could not revoke the nationality of a person convicted of terrorism-related crimes, declaring it a violation of the prohibition of discrimination based on ethnic origin. The judgement marks a departure from previous case law established by the Council of State – the highest administrative court in the Netherlands – as it reconceptualizes the issue of deprivation of nationality as one of direct discrimination based on ethnic origin. However, it fails to provide a clear explanation for its reasoning and seems to conflate nationality with ethnicity. Continue reading >>10 March 2025
They Not Like Us
On 13 February 2025, AG Ćapeta delivered a milestone opinion on racial discrimination and migration in the EU when she found the Danish ‘Ghetto Law’ in violation of the Race and Ethnic Equality Directive. She determined that the differentiation between “Western” and “non-Western” immigrants and their descendants in the Danish legislation creates a perceived “ethnic ‘Other’” vis-à-vis the majority population that falls under the anti-discrimination ground of “ethnic origin”. I will explain how her opinion challenges this form of legalized ‘othering’ in migration law, based on the underlying sentiment of ‘us’ vs. ‘them’, as it goes against Art. 2 TEU and the vision of a democratic, tolerant, and anti-racist European society. Continue reading >>21 October 2024
Exploring Intersectionality as a Concept to Effectively Combat Racism and Racial and Ethnic Discrimination
The contribution promotes the concept of intersectionality as a means of addressing the gap between what anti-racism law promises and what it delivers. Then, nationality serves as an example to illustrate if and how intersectionality can affect anti-racism law. Continue reading >>
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