Some Reflections on the Choices of the European Court of Justice in the Kücükdeveci Preliminary Ruling

Perspectives on Federalism, Vol. 2, No. 2, pp. 15-23, 2010

9 Pages Posted: 5 Oct 2010

See all articles by Filippo Fontanelli

Filippo Fontanelli

University of Edinburgh - School of Law

Date Written: October 4, 2010

Abstract

In the 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.

Keywords: General principles of the European Union, directives, European Charter of Fundamental Rights, non discrimination on grounds of age, social cohesion

Suggested Citation

Fontanelli, Filippo, Some Reflections on the Choices of the European Court of Justice in the Kücükdeveci Preliminary Ruling (October 4, 2010). Perspectives on Federalism, Vol. 2, No. 2, pp. 15-23, 2010, Available at SSRN: https://ssrn.com/abstract=1687214

Filippo Fontanelli (Contact Author)

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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