Diritto UE, discriminazioni a rovescio e loro rimozione nell’ordinamento italiano: fra principio di uguaglianza ed esigenze di bilanciamento con altri interessi di rilievo costituzionale

This paper deals with reverse discrimination in purely internal situations. It discusses whether, and to what extent, differences of treatment may be justified, between home nationals/products in situations dealt with exclusively by domestic law, and nationals/products beneficiaries of EU law. After addressing the relevance of reverse discrimination in EU law, the paper focuses on its rectification in Italy. Notably it analyses the effects of Article 53 of Law 234/2012 and the role that the Constitutional Court may be still called to play. The paper also tackles reverse discrimination which may arise as a result of the limited scope of application of the EU Charter of Fundamental Rights.