Il principio di eguaglianza nel diritto dell'Unione europea alla luce della più recente giurisprudenza della Corte di Giustizia in materia di assicurazioni

The principle of equality has not an illimited content: it is conditioned by two other principles, non discrimination and diversity, the first preventing non legitimate discrimination and the second allowing legitimate discrimination. These three principles and their interactions play an important role in the defence of fundamental human rights, such as those related to gender protection: these principles - in giving origin to a complex and articulated protection, as it is based on norms adopted in execution and in derogation of them - are suitable for satisfying all the general interests involved in that field. The coexistence of the principle of equality with two other different and autonomous principles, as quoted above, and the relations among the kind of norms to which they give origin, is not taken into the due account by the judgment of March 1st 2011, case C-236/09 of the EU Court of Justice. In fact, in order to establish the effective adaptation to the Directive n. 2004/113/EC, the Court overlaps two distinct category of norms: those in derogation and those in execution of the principles of equality; furthermore, it merges the principles of equality that regulates the relationships among individuals with the principles of equality that regulates the relationships among Member States in the EU. In this sense, the decision of March 1st 2011 is in contradiction with the preceding jurisprudence of the Court of Justice and it has no foundation in the (primary and secondary) UE law.