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Publishers Abstract:
This article begins by assessing the current economic and youth unemployment crises in Europe and the perceived conflict between these crises and the ever-present demographic challenges facing EU Member States. Secondly, the article analyses the legislative and judicial response of the EU to the issue of mandatory retirement and intergenerational balance, which is essentially an entirely flexible approach arguably necessitated by the economic, social and political nature of the issues involved. The article identifies two distinct categories of eases where mandatory retirement has been held potentially to constitute a proportionate means of achieving intergenerational balance: firstly, eases involving situations in which combating youth unemployment in the general labor market is considered a legitimate aim (the general labor market cases); and secondly, cases involving situations in which ensuring intergenerational balance within a particular organization is considered a legitimate aim (the specific organization eases). Thirdly, this article also examines the theoretical and empirical evidence behind the conflict between mandatory retirement and intergenerational balance.
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