On Age Discrimination and Beating Dead Dogs: Commission v. Hungary
20 Pages Posted: 31 Jul 2013 Last revised: 9 Dec 2016
Date Written: July 30, 2013
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
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