Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by the Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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Discrimination by association is a concept that, while not expressly regulated by the

European Union law, has been enshrined in the case law of the Court of Justice of the

European Union. It allows the extension of the legal protection provided by the antidiscrimination

legislation of the European Union to persons who, although they do not

belong to the protected categories due to the reasons of discrimination envisaged (racial and

ethnic origin, religion or belief, disability, age and sexual orientation), undergo less

favorable treatment or certain disadvantages as a result of the links ("association") with a

protected category.

In Romania, discrimination by association is not consecrated at the legislative level,

but in recent years two legislative initiatives (still unfinished) have been promoted in order

to regulate it.

In this context, the article aims to analyze the scope of discrimination by association,

starting from the European legal framework in the field of non-discrimination and from the

interpretative case law of the Court of Justice of the European Union. The main landmarks

of the Court's case law and its possible implications at national level are identified. At the

same time, by making a brief inroad into domestic law in combating discrimination, the

paper concludes that, although there are certain obstacles, national law can be interpreted to

include discrimination by association. Therefore, although a legislative consecration of

discrimination by association is preferable, it should be done with a degree of caution given

the possible implications and persistence of certain ambiguities in the relevant European

case law.


Volume XII, Issue 2, July - December 2022



International Law

Quality of public expenditure and transdisciplinarity: Law, economics, psychology, politics and public management

Leonardo da Silva Guimarães Martins da Costa

The Debate in 21st Century Romania. Case Study – Bihor County

Claudia-Simona TIMOFTE

Constantin Ţoca


The influence of human rights on law

Access to the Archival Heritage as a Reflection of the Human Right to Culture. UNESCO’s Perspective

Codruţa-Elena Mihailovici

Cultural rights: new era, old principles, same challenges?

Andrei Nicolae

The role of conflict management in combating the social effects of the pandemic. Identification, neutralization, solution

Claudiu Florinel Augustin Ignat


European Union Law

Brief considerations on the rule of law from the perspective of EU member states

Paul Iulian Nedelcu

EU’s Long Arm of Sanctions – The Anti-Coercion Instrument

Mihai Ioachimescu-Voinea

The principle of solidarity - an instrument for managing migration and asylum at European Union Level

Ciprian-Constantin Mihai


UE Law and Comparative Law

The Costs of Digitalization. Social Media adaptation challenges within Public Administration Development

Andrei Alexandru Galan

Anca Elena Bălăşoiu

Summary Issues of Cybercrime

Mioara-Ketty Guiu

Personal Data Processing within a Smart Cemetery

Silviu-Dorin ŞCHIOPU


Environmental law

Some Legal Aspects of Shale Gas

Ovidiu-Horia Maican

International Governance of Climate Change. From the Framework Convention (1992) to COP-27 (2022)

Mircea M Duţu-Buzura