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The Development of EU Case‐Law on Age Discrimination in Employment: ‘Will You Still Need Me? Will You Still Feed Me? When I'm Sixty‐Four’
Author(s) -
Dewhurst Elaine
Publication year - 2013
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/eulj.12042
Subject(s) - discretion , proportionality (law) , age discrimination , test (biology) , law , significant difference , member states , political science , law and economics , economics , medicine , european union , international economics , paleontology , biology
This article addresses the development of age discrimination law in the C ourt of J ustice and concludes that there is a marked difference in the level of discretion given to M ember S tates in cases relating to mandatory retirement policies. The article will critique the approach of the C ourt of J ustice to the legitimate objective test and the proportionality test in retirement cases. It will also argue that the decisions of the C ourt of J ustice to date have all involved cases with very similar factual scenarios, and the article hypothesises how a different conclusion might be reached in cases with different factors. It also considers the impact of the C harter of F undamental R ights on such cases. The article concludes by arguing that mandatory retirement policies may no longer be compatible with EU law and that there is a need to move towards more flexible retirement policies.