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Haar, B.P. ter (2018)

EU Age Discrimination Law: a Curse or a Blessing for EU Youth Policy?

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Over the course of fifteen years, the Court of Justice of the European Union (CJEU) has developed a considerable body of jurisprudence on age discrimination. Approximately thirty cases is indeed notable, especially when compared with other discrimination grounds enlisted in Article 1 FED. The vast majority of these cases deal with measures affecting older workers, particularly regarding the retirement age or pension schemes. A significantly smaller number of cases – only five – concern measures affecting younger workers. Research analysing these cases indicate that the CJEU has been rather lenient in accepting measures regarding older workers and more strict in accepting measures targeting younger workers. However, this approach potentially puts EU Youth Policy under pressure. Moreover, it raises the question of whether the Framework Equality Directive is not in fact hampering measures to improve the situation of...Show moreOver the course of fifteen years, the Court of Justice of the European Union (CJEU) has developed a considerable body of jurisprudence on age discrimination. Approximately thirty cases is indeed notable, especially when compared with other discrimination grounds enlisted in Article 1 FED. The vast majority of these cases deal with measures affecting older workers, particularly regarding the retirement age or pension schemes. A significantly smaller number of cases – only five – concern measures affecting younger workers. Research analysing these cases indicate that the CJEU has been rather lenient in accepting measures regarding older workers and more strict in accepting measures targeting younger workers. However, this approach potentially puts EU Youth Policy under pressure. Moreover, it raises the question of whether the Framework Equality Directive is not in fact hampering measures to improve the situation of young people. In other words, it should be determined whether the FED is a curse or a blessing for EU Youth Policy.Show less
Age discrimination
EU
European Court of Justice
CJEU
Kücükdeveci
Hütter
Abercrombie
EU Youth Policy
EU Youth Strategy
All authors
Haar, B.P. ter
Editor(s)
Belavusau U., Henrard K.
Date
2018-11-15
Title of host publication
EU Anti-Discrimination Law beyond Gender
Pages
295 - 318
ISBN (print)
9781509915019
ISBN (electronic)
9781509915033
DOI
doi:10.5040/9781509915033.ch-013