EU ESSAY

EU essay

EU Essay

Abstract

In Kücükdeveci judgment, the European Court of Justice declared that national judges must set aside national norms that are at variance with the general principle of non discrimination on grounds of age, by virtue of its direct applicability (even in disputes between private parties). This principle is also codified in the Charter of Fundamental Rights and in the EC Directive 2000/78, therefore it is worth analyzing these three sources in turn (general principles, Charter, directives) to understand which of them can have horizontal direct effects, and upon which conditions. In addition to that, the author focuses on the validity of an "incidental direct effects" doctrine, and on the repercussions that this decision might have on the social cohesion of the European Union. In this essay the discussion of the role of the judicial that is also a member state will be inter related. (Blankenburg, 1996, P.249)

Discussion

This case discusses briefly the Court of Justice (ECJ) of 19 January 2010 in Case C555/07 delivered in the context of the question raised by the German appellate body intervening in the trial between two individuals. . The litigation was initiated by Mrs. Silk Kücükdeveci against which it had been his employer, the company Swedex GmbH & Co. KG, differences on the calculation of the applicable notice period provided for purposes of dismissal by the company. The purpose of the preliminary ruling was the interpretation of the principle of non-discrimination on grounds of age and Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. But more important was the posing of the question whether in the context of a dispute between individuals, national courts must disapply the national legislation contrary to a directive which has not been correctly transposed. More precisely, if the judges can disapply the policy directly or, by contrast, must wait for the ECJ on the incompatibility issue. . As the regulatory framework of the question, by the European Union law is Directive 2000/78 which art. (Börzel, 2006, p.128)

Hereinafter "CCA", regulates the periods of notice on termination of the employment contract, establishing a scale that gradually increases its duration depending on the age of the worker in the company. In particular, the CEC states that are not taken into account. When the plaintiff in the proceedings before the German courts began working for defendant on 04/06/1996 was 18 years old. The employer took into account the period of notice the age of 3 years (even though the employees work for 10 years) by relying on the provisions of art. Ms. Kücükdeveci challenged his dismissal before the competent court, stating that second CCA as long as you have not taken into account the period of employment before reaching age 25 to calculate the length of notice, constitute a discriminatory measure on grounds of age, contrary to EU law and therefore should be excluded its application. The German court of appeal raised two issues. (Blackburn, 2001, ...