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Equality of Member States of EU

Publication at Faculty of Law |
2020

Abstract

The article analyses the topic, which is only seldomly addressed. It however is of great relevance.

The principle of equality of states in international law is also in the EU law one of the major principles (Art. 4 para 2 TEU). The author focuses the essence its aim and its man instruments features and propers of it and analyses also its functioning.

The problems of voting in the organs of EU are excluded. The article begins with a methodology for measuring equality and its functioning in order to create the model which becomes a criterion for assessing the equality in action.

The author then based on this methodology distinguish between the fields of normative equality and fields where the material equality is applied by outbalancing inequality of member states. Focus is put on the mechanisms of outbalancing, specially in the field of regional policy and policy of coherence.

Here the exception from the normative equality of is applied. The author concludes his considerations with arguments against the selectivity within the application of equality, since the normative equality, which means the equality in rights and obligations of Member States, doesn't allow exceptions which may lead to unequal position of Member States, in other words to their discrimination.