Keywords: Reverse Discrimination; Purely Internal Situations; EU Charter of Fundamental Rights; Equality Principle; Law 234 of 2012.
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.