Erica Szyszczak


This Article examines how an economic international Treaty arrangement in 1957, which was openly and unapologetically aimed at trade liberalization, arrived at including such fundamental social constitutional values in the Treaty of Lisbon 2007. This Treaty facilitates the constitutional framework for political and economic co-operation in the newly enlarged Union of twenty-seven Member States, setting the agenda for the next fifty years of European integration. In making this journey we will not be taking a nostalgic look backwards at the achievements of the Community, but we will examine how the groundwork was laid to lead what became the Union to recognize new forms of fundamental values capable of international recognition. This Article first examines the underlying sources for an antidiscrimination concept in Community law and then moves on to analyze how the antidiscrimination concept has developed in the two most influential areas where it has been used: antidiscrimination based upon nationality leading to the concept of European citizenship and antidiscrimination based upon sex, leading to a wider group of suspect classes protected under Community law.