ABSTRACT
The protection from discrimination for Third-Country Nationals (TCNs) on basis of the combined effect of the Racial Equality Directive (RED) and the Long Term Residents Directive (LTRD) is weak. Discrimination on grounds of nationality, race and ethnic origin during the application of immigration regulation by the member states can occur without proper protection or remedies against it deriving from European Union (EU) law. The Directive prohibits discrimination on grounds of race or ethnic origin. Direct Discrimination, Indirect Discrimination, Harassment, and the Instruction to discriminate on grounds of racial or ethnic origin constitute discrimination in the sense of the Directive. The LTDR was adopted under the Tampere agenda with the objective of 'fair' treatment of TCNs. The Commission proposed a draft in 2001 and was keen to make the rights of TCNs who are long-term residents 'comparable' to the rights of EU citizens.
