On Age Discrimination and Beating Dead Dogs: Commission v. Hungary

20 Pages Posted: 31 Jul 2013 Last revised: 9 Dec 2016

See all articles by Uladzislau Belavusau

Uladzislau Belavusau

T.M.C. Asser Institute - University of Amsterdam; University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group

Date Written: July 30, 2013

Abstract

This case about the retirement age of legal officials (judges, prosecutors, and notaries) in Hungary, on the one hand, specifies an important aspect of EU non-discrimination law on the grounds of age and, on the other hand, sheds light on the shortcomings of EU mechanism to combat the rising authoritarianism in this Member State. The annotation first provides a brief outline of the judgement and the view of the Advocate General. It then presents the reflections on the significance of the case against the broader trajectory of political and, subsequently, legal changes in Hungary, especially with regard to the earlier decision of the national Constitutional Court. The analysis goes on to evaluate the consistency of the Court of Justice in its interpretation of non-discrimination provisions in EU secondary law and against the benchmarks of coherence and legal certainty from its previous case law.

Keywords: non-discrimination, age discrimination, judicial independence, Hungary

Suggested Citation

Belavusau, Uladzislau, On Age Discrimination and Beating Dead Dogs: Commission v. Hungary (July 30, 2013). Common Market Law Review, Vol. 50, No. 4, pp. 1145-1160, 2013.. Available at SSRN: https://ssrn.com/abstract=2303963

Uladzislau Belavusau (Contact Author)

T.M.C. Asser Institute - University of Amsterdam ( email )

R.J. Schimmelpennincklaan 20-22
The Hague, 2517 JN
Netherlands

HOME PAGE: http://www.uva.nl/en/profile/b/e/u.belavusau/u.belavusau.html

University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group

Boalt Hall
Berkeley, CA 94720-7200
United States

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