Aspects from European Court of Justice case-law on equal treatment as regards dismissal

• Author: Catalina-Adriana Ivanus
• Position: Institute for Doctoral Studies, Law Department, Bucharest University of Economic Studies, Romania
• Pages: 268-281

Aspects from European Court of Justice case-law

on equal treatment as regards dismissal

PhD Student Ctlina-AdrianaăIVNUŞ

1

Abstract

Equal treatment between women and men is a fundamental right, a general

principle of EU la w. In Eur opean Court of Justice case-law and in Eur opean law were

treated different aspects of discr imination on grounds of sex. P rinciple of equa l treatment

between women and men applies to remuneration, access to employment, vocationa l

training a nd pr omotion, and working condition s, but it is equally applied to dismissal.

Among the issues covered by Europea n law on equal treatment between women and men, in

this article I will examine only the European Cour t of Justice case-law on dismissal.

Keywords: Dismissal, non-discrimination, equ al opportunities, European la w,

labour law.

JEL Classification: K41, K42

1. The concept of dismissal

Article 23 of Charter of fundamental rights of the European Union states

that equality between men and women must be ensured in all areas. So, equality

between men and women is a fundamental human right in European Union.

One of the duties of Court of Justice of the European Union is to ensure

respect for human rights2.

Article 5 para.1 of Directive 76/207 provides for the principle of equal

treatment with regard to working conditions, including the conditions governing

dismissal, means that men and women shall be guaranteed the same conditions

without discrimination on grounds of sex. The scope of Directive 2000/78 contains,

inter alia, the conditions for dismissal3.

As regards the scope of the principle of equal treatment between men and

women the Court held that it has general application and shall also apply to the

public sector4.

No less, the principle of equal treatment between men and women should

be applied to the EU institutions workers5.

1 Ctlina-Adriana Ivnuş - Institute for Doctoral S tudies, Law Department, Bucharest University of

Economic Studies, Romania, catalinaivanus@gmail.com

2 Judgment of 15 June 1978, Defrenne / Sabena (149/77, ECR 1978 p. 1365), Judgment of 20 March

1984, Razzouk and others / Commission (75 and 117/82, ECR 1984 p. 1509).

3 Art. 3 (1) (c) of Directive 2000/78.

4 Judgment of 26 October 1999, Sirdar (C-273/97, ECR 1999 p. I-7403), Judgment of 11 January

2000, Kreil (C-285/98, ECR 2000 p. I-69), Judgment of 19 M arch 2002, Lommers (C-476/99, ECR

2002 p. I-2891).

5 Judgment of 20 March 1984, Razzouk and others / Commission (75 and 117/82, ECR 1984

p. 1509).