This article focuses on the development of the issue of age discrimination in the EU context and in the Court of Justice leading cases. On the one side, the paper underlines the weaknesses of this specific ground of discrimination due to three main elements: i) the variability and universal impact of the “age factor”; ii) the existence of some provisions (such as art. 6, Council Directive 2000/78/EC) which seem to be unable in ensuring a complete protection in this field; iii) the role of age as an intrinsic criteria of labour market legislation, meaning that, in some circumstances, differences in treatment may be justified under legitimate aims. On the other side, the analysis of recent ECJ case law addresses other reflections concerning, first of all, the horizontal direct effect given to non-discrimination on ground of age as a general principle of EU law; then, the role and the importance of the European Charter of Fundamental Rights and its provisions on age discrimination; furthermore, the necessity to balance the protection of this fundamental right with Member States discretion concerning employment policies.
Unione europea e principio di non discriminazione in base all'età: tendenze consolidate e nuovi sviluppi alla luce della più recente giurisprudenza
GUALCO, ELENA
2013-01-01
Abstract
This article focuses on the development of the issue of age discrimination in the EU context and in the Court of Justice leading cases. On the one side, the paper underlines the weaknesses of this specific ground of discrimination due to three main elements: i) the variability and universal impact of the “age factor”; ii) the existence of some provisions (such as art. 6, Council Directive 2000/78/EC) which seem to be unable in ensuring a complete protection in this field; iii) the role of age as an intrinsic criteria of labour market legislation, meaning that, in some circumstances, differences in treatment may be justified under legitimate aims. On the other side, the analysis of recent ECJ case law addresses other reflections concerning, first of all, the horizontal direct effect given to non-discrimination on ground of age as a general principle of EU law; then, the role and the importance of the European Charter of Fundamental Rights and its provisions on age discrimination; furthermore, the necessity to balance the protection of this fundamental right with Member States discretion concerning employment policies.
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