EU Charter of Fundamental Rights after Kücükdeveci
University Research Fellow Cian Murphy has blogged on the potential effect of Kücükdeveci on the EU Charter of Fundamental Rights over at HRinI:
The case concerned a claim of age discrimination based on a German employment law that did not take periods of work served prior to the employee’s 25th birthday into account when calculating the notice period prior to dismissal. The German law was incompatible with the requirements of Directive 78/2000, the transposition period for which had passed prior to the applicant’s dismissal. However, as the respondant in the case was a private party, the general prohibition on allowing untransposed Directives to be relied upon against a private party would ordinarily have hindered Ms Kücükdeveci’s case. However, the Court of Justice held that the principle of non-discrimination on grounds of age was a general principle of EU law which was given “specific expression” in the Directive [para 21]. The Court also made reference to Article 21(1) of the EU Charter of Fundamental Rights which declares that “[a]ny discrimination based on … age … shall be prohibited” [para 22].
The full piece can be read here.