Ethnically Stratified Citizenship

The upcoming ECJ judgment in Slagelse Almennyttige Boligselskab – the so-called Danish Ghetto Area case – could reshape the boundaries of EU equality law. At issue is whether Denmark’s policy targeting neighborhoods with more than 50% “non-western immigrants and their descendants” amounts to discrimination based on race or ethnic origin. While Advocate General Ćapeta framed the case around ethnic discrimination, the deeper question is one of EU citizenship: can EU law accept stratification of EU citizenship along ethnic lines?