Variations on the Principle of Equality in International and EU Law

This chapter aims to reconstruct the nature and content of the principle of equality in both international and EU law, by providing an overview of its evolution in these fields. To this end, it is structured into two main sections. The first one deals with the functioning of the concept of equality in inter-state relations, by describing the transition from the “classical” international law idea of “sovereign equality” to the attempts to draft international instruments aimed at “compensating inequalities”. The second one, moving on from the assumption that the EU is a Union of states and citizens, inquires into the nature of equality in this peculiar supranational system, by investigating the implementation of this principle in both Member States relations and towards individuals. The latter analysis reveals a nuanced approach to equality by European institutions, ranging from the CJEU’s “indifference towards difference” to the protection of the weaker party in EU private international law.