Age discrimination in employment: the EU perspective applied in the law of the Member States? (R-5207)

With the adoption in the year 2000 of the 'Framework Directive', discrimination in employment on various grounds, including age, has been prohibited. Notwithstanding this general legislative approach, age discrimination seems to occupy a unique position within the EU legal framework and that of its Member States. In the first place, this project aims at determining the position of age discrimination in EU law on the basis of a study of EU legislation and case law. Particular attention will also be paid to the interaction of age with other discrimination grounds, in particular disability and gender (intersectional discrimination). In the second place, this project aims at analysing whether or not there is any interference between certain Member States' perception of age discrimination (Belgium, the Netherlands and the United Kingdom) and the EU's perception. These Member States' visions on age discrimination will be studied, as well as the interference itself, with a view to possibly uncover an embryonic 'common law of Europe regarding age discrimination in employment'. Throughout the whole project functional comparisons with the USA - which has a longstanding tradition with respect to age discrimination in employment - will be made. By way of conclusion, all new insights will be bundled, in order to formulate a number of suggestions and to set out the boundaries of the prohibition of age discrimination, both on the EU and the Belgian levels.

Keywords:European Law, Public Law, Social Law

Disciplines:Law