Various different aspects of the EU principle of non discrimination are considered with reference to the identification of the applicable law according to the rules of private international law. This principle is relevant, first of all, for the interpretation of the connecting factors, the goal of which must be to assess the manner in which these factors operate. Secondly, the principle of non discrimination is relevant in terms of the results arrived at by the linking criteria, and must be applied when assessing the substantive fairness of the legal system referred to, drawing inspiration from the principle’s capacity to protect fundamental rights.
PRINCIPIO DE NO DISCRIMINACIÓN Y DERECHO INTERNACIONAL PRIVADO
S. TONOLO
2026
Abstract
Various different aspects of the EU principle of non discrimination are considered with reference to the identification of the applicable law according to the rules of private international law. This principle is relevant, first of all, for the interpretation of the connecting factors, the goal of which must be to assess the manner in which these factors operate. Secondly, the principle of non discrimination is relevant in terms of the results arrived at by the linking criteria, and must be applied when assessing the substantive fairness of the legal system referred to, drawing inspiration from the principle’s capacity to protect fundamental rights.
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