NEKONEČNÝ PRÍBEH S OTVORENÝM KONCOM? VEK, ROZDIELNE ZAOBCHÁDZANIE A DISKRIMINÁCIA V JUDIKATÚRE SÚDNEHO DVORA EURÓPSKEJ ÚNIE
Never-ending story with an open final? Age and different treatment and discrimination in the case law of the Court of Justice of the European Union
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The author analyzes the basic lines of decision-making of the Court of Justice on prohibition of age discrimination. After explaining the origins of that prohibition in the Union law the author is aimed at those judgments of the Court of Justice which have been passed on the basis of preliminary ruling questions of the national courts and have clarified those provisions of Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation which allow to the Member States retaining their specific legal norms of different treatment on grounds of age. The author comes to the conclusion that those notions in Directive 2000/78/EC have no the only possible interpretations and meanings given to them till now by the Court of Justice for the Member States have in their legal orders other provisions on different treatment on grounds of age which have not been properly interpreted by the current case of the Court of Justice yet.
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