Published: 2025-12-31

The prohibition of discrimination by association in the case law of the CJEU. The judicial stance vs. practical problems

MONIKA DOMANSKA
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.6069

Abstract

This article discusses the prohibition of discrimination by association in the case law of the Court of Justice of the European Union (CJEU), focusing on its origins and legal
foundations. The author points out that while the prohibition of discrimination in EU law traditionally applies to individuals possessing a given protected characteristic, such as disability
or ethnic origin, the CJEU’s case law – starting with the Coleman judgment – has extended protection to individuals who do not possess these characteristics themselves but
are in close relationships with individuals who do. The author’s underlying argument is that the development of a jurisprudential concept concerning the prohibition of discrimination by association is fundamentally necessary.
The aim is to prevent and combat this form of discrimination, which has not yet been addressed in EU anti-discrimination legislation. The article focuses on presenting the various
forms of this discrimination: direct and indirect and formulates research questions regarding the scope of the application of this concept by national courts ad casum. The analysis was carried out based on the dogmatic-legal method and led the author to the conclusion that the interpretation of the prohibition of discrimination by association should serve to ensure the actual protection of equality, responding to evolving social and legal needs, and the instruments used for this purpose – especially those developed in the case law of the CJEU – should, as far as possible, minimize doubts related to their application in specific factual situations in order to increase their preventive value.

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DOMANSKA, M. (2025). The prohibition of discrimination by association in the case law of the CJEU. The judicial stance vs. practical problems. The Opole Studies in Administration and Law, 23(2). https://doi.org/10.25167/osap.6069

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