On age discrimination and beating dead dogs: Commission v. Hungary

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Series Details Vol.50, No.4, August 2013, p1145-1160
Publication Date August 2013
ISSN 0165-0750
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Publishers Abstract:
Hungarian Prime Minister Viktor Orban implied the absurdity of a decision of the ECJ about a law that had been struck down a couple of months earlier by the national Constitutional Court. Yet the nature and rationale of the judgment in Luxembourg are far more instructive and challenging than insinuated by the Hungarian leader. This case about the retirement age of legal officials (judges, prosecutors, and notaries) specifies an important aspect of EU non-discrimination law on the grounds of age and, on the other hand, sheds light on the shortcomings of EU mechanisms to combat the rising authoritarianism in this Member State. The particular significance of this case explains its spectacular procedural travels from Budapest to the Venice Commission, the European Commission launching action in Brussels, applications lodged at the European Court of Human Rights in Strasbourg, and, finally, the decision of the Court of Justice in Luxembourg under an expedited procedure within the span of a mere four months.

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