Since the entry into force of the Treaty of Lisbon in 2009, the fundamental rights of the European Union are enshrined in the Charter of Fundamental Rights, including among other the principle of equal treatment. EU institutions are obliged to respect these rights.

The Court of Justice of the European Union should ensure that European law is interpreted and applied in the same way in all Member States. The decisions of the European Court of Justice (ECJ) are binding on all courts and all citizens in the EU. This means that all national laws and court rulings must be adapted to the case law of the ECJ. For the treatment of institutional discrimination in the police the "Melki" judgment is of particular significance.