Defendants' rights
Racial and ethnic origin
Trafficking and labour exploitation
Artificial intelligence and big data
Unlawful profiling
What are fundamental rights ?
Title I: Dignity
1 - Human dignity
2 - Right to life
3 - Right to integrity of the person
4 - Prohibition of torture and inhuman or degrading treatment or punishment
5 - Slavery / Forced Labour
Title II: Freedoms
6 - Right to liberty and security
7 - Respect for private and family life
8 - Protection of personal data
9 - Right to marry and right to found a family
10 - Freedom of thought, conscience and religion
11 - Freedom of expression and information
12 - Freedom of assembly and of association
13 - Freedom of the arts and sciences
14 - Right to education
15 - Freedom to choose an occupation and right to engage in work
16 - Freedom to conduct a business
17 - Right to property
18 - Right to asylum
19 - Protection in the event of removal, expulsion or extradition
Title III: Equality
20 - Equality before the law
21 - Non-discrimination
22 - Cultural, religious and linguistic diversity
23 - Equality between women and men
24 - The rights of the child
25 - The rights of the elderly
26 - Integration of persons with disabilities
Title IV: Solidarity
27 - Workers' right to information and consultation within the undertaking
28 - Right of collective bargaining and action
29 - Right of access to placement services
30 - Protection in the event of unjustified dismissal
31 - Fair and just working conditions
32 - Prohibition of child labour and protection of young people at work
33 - Family and professional life
34 - Social security and social assistance
35 - Health care
36 - Access to services of general economic interest
37 - Environmental protection
38 - Consumer protection
Title V: Citizens' rights
39 - Right to vote and to stand as a candidate at elections to the European Parliament
40 - Right to vote and to stand as a candidate at municipal elections
41 - Right to good administration
42 - Right of access to documents
43 - European Ombudsman
44 - Right to petition
45 - Freedom of movement and of residence
46 - Diplomatic and consular protection
Title VI: Justice
47 - Right to an effective remedy and to a fair trial
48 - Presumption of innocence and right of defence
49 - Principles of legality and proportionality of criminal offences and penalties
50 - Right not to be tried or punished twice in criminal proceedings for the same criminal offence
Title VII: General provisions
51 - Field of application
52 - Scope and interpretation
53 - Level of protection
54 - Abuse of rights
Application for access to documents
EU institutions and other bodies
Member States of the EU
Civil society and the Fundamental Rights Platform
NHRIs, Equality Bodies and Ombudsperson Institutions
UN, OSCE and other international organisations
FRANET
CO v Comune di Gesturi
Policy area
Deciding body type
Deciding body
Court (Eighth Chamber)
ECLI (European case law identifier)
Article 15 - Freedom to choose an occupation and right to engage in work
Article 21 - Non-discrimination
VIEW FULL CASE
Key facts of the case:
Reference for a preliminary ruling — Social policy — Principle of equal treatment in employment and occupation — Directive 2000/78/EC — Prohibition of all discrimination on grounds of age — Public call for expressions of interest — Conditions of participation — Exclusion of retired public-sector and private-sector employees.
Outcome of the case:
On those grounds, the Court (Eighth Chamber) hereby rules:
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, in particular Article 2(2), Article 3(1) and Article 6(1) thereof, must be interpreted as not precluding national legislation prohibiting public administrative authorities from awarding analysis and consultancy roles to retired persons in so far as, first, that legislation pursues a legitimate employment policy and labour market objective and, second, the means deployed to achieve that objective are appropriate and necessary. It is for the referring court to determine whether that is in fact the case in the main proceedings.
Paragraphs referring to EU Charter
13) In his action, the applicant in the main proceedings submits that Article 5(9) of Decree-Law No 95/2012, which prohibits public administrative authorities from awarding analysis and consultancy roles to retired private-sector and public-sector employees, must be disapplied as being contrary to Directive 2000/78. In addition, he contends, that provision infringes Article 21 of the Charter of Fundamental Rights of the European Union. The applicant alleges that the national legislation at issue in the main proceedings gives rise to indirect discrimination which cannot be justified by any legitimate aim.
44) The prohibition of discrimination on grounds of age must be read in the light of the right to engage in work recognised in Article 15(1) of the Charter of Fundamental Rights. It follows that particular attention must be paid to the participation of older workers in the labour force and thus in economic, cultural and social life. Retaining older workers in the labour force promotes diversity in the workforce. However, the interest represented by the continued employment of those persons must be taken into account in respecting other, potentially divergent, interests (see, to that effect, judgments of 21 July 2011, Fuchs and Köhler, C‑159/10 and C‑160/10, EU:C:2011:508, paragraphs 62 to 64, and of 5 July 2012, Hörnfeldt, C‑141/11, EU:C:2012:421, paragraph 37).
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