AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.

As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.

AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.

Articles published in AUCI undergo an independent peer review process, which is anonymous on both sides. Reviewers from the field give their opinion on the scientific quality of the paper and the suitability of publication in the journal. In the case of comments, the opinion is sent back to the author with the possibility of revising the text (see Guidelines for Authors – Per Review Process for more details).

The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.

In 2021 the journal AUCI was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database Scopus. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite Scopus database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

AUCI is an open journal and all its content is published both on the faculty website and on the Karolinum Press website. Access to it is free of charge. The homepage of AUCI is on the Karolinum Press website.

The AUCI journal uses the Creative Commons license: CC BY 4.0.

Long-term archiving of the digital content of the journal is provided by Portico.

AUC IURIDICA, Vol 59 No 2 (2013), 15–32

Unijní občanství a antidiskriminační právo EU

Harald Christian Scheu

published online: 29. 01. 2015

abstract

EU Citizenship and EU Anti-discrimination Law The following article deals with the relationship between EU citizenship and EU antidiscrimination law. The analysis focuses on the definition and the delimitation of EU citizenship in relation to the position of nationals in the Member States and to the status of third-country nationals. The prohibition of discrimination on grounds of nationality, which is a key principle of European integration, is limited to the scope of EU law. The constant expansion of this scope in the context of reform treaties and ECJ case-law has led, over the years, to an approximation of the status of EU citizens and the status of national citizens, especially in the areas of residence, access to the labour market and social security. Parallel to this development, an approximation of the position of EU citizens to the status of third-country nationals has occurred. The basis for this development is, on the one hand, in the standards of secondary legislation, which regulates e.g. the rights of long-term residents and refugees. On the other hand, this development has been inspired by the human rights principle of equality, as expressed e.g. in the European Convention on Human Rights and the International Human Rights Covenants. As a result, it can be noted that the delimitation of EU citizenship in both directions, i.e. in the direction of classical citizenship, and in the direction of third-country nationals, is subject to constant change and cannot be drawn precisely. On a conceptual level, there is a conflict between three major models, first, the construction of the social contract as a contract between citizens, secondly, the reciprocity principle as the basis for the non-discrimination principle in EU law and, last but not least, the idea of general equality, which is laid down in international human rights norms. The concrete implementation of these different approaches is problematic under current EU law. Activist approaches, however well-intentioned, may weaken the authority of the entire system of equality and nondiscrimination and, thus, negatively affect the concept of EU citizenship as such.

keywords: migration; citizenship; discrimination; reciprocity; human rights; EU law migrace; občanství; diskriminace; reciprocita; lidská práva; právo EU

Creative Commons License
Unijní občanství a antidiskriminační právo EU is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

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