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The idea of European Union (EU), of which the traces can be pursued \nhistorically back to the 14th \n century, from the 1950s when the formal \nfoundations of the Union was laid, up until today is based on the same aim: \nestablishing a common market between member states, free of obstacles to ‘free \nmovement of goods, persons, services and capital’. In the pursuit of its basic \naim, the Treaty on the Functioning of the European Union (TFEU) prohibits \ncertain types of discrimination, especially any discrimination on grounds of \nnationality prohibited by Article 18 of the TFEU. \nThe EU Commission, attaches special importance to the studies over the \nprohibition of nationality discrimination by setting this principle as one of the \ncore principles underlying all Union policies. With the studies that have picked \nup speed in recent times, the aim of the EU has been stated to be achieving a \ndeeper and a broader community, which would constitute a union not only \nconsisting of an economic alliance. \nThe European Court of Justice (the ECJ or the Court) is, however, with no \nregard to the consistency in the application of the non-discrimination provisions. \nIn some cases, the alleged discrimination is eminently strived to be abolished, \n \nwhereas in others, particularly the ones in which the economic benefits are at \nstake, the Court does not refrain from discriminatory application. \nThe aim of this study is not only to examine the concept of ‘discrimination’ \nand its effects, but also to expose the somewhat ‘twisted’ approach of the ECJ, \ntowards this problem, resulting in the prevalence of discrimination within the \nUnion, in spite of the distinct articles contained in the TFEU. Meanwhile, this \nresearch aims to examine this ‘corruption’ comprehensively and produce some \ntheories regarding the reasons behind discrimination in the EU and its continued \nexistence.
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