wiek emerytalny; Trybunał Sprawiedliwości Unii Europejskiej
"Problemy Współczesnego Prawa Międzynarodowego, Europejskiego i Porównawczego" R. 10 (2012), s. 9-20
The article contributes to the debate on ageing, the compulsory retirement and the limits
of the economic activity that are currently observed in Poland and in Europe.
The Author indicates demographic and sociological transformations in the contemporary
world as well as the need to adapt legal solutions to the new social conditions. She
analyses the relevant provisions of Directive 2000/78/EC, particularly its Art. 6 stating that
differences of treatment on grounds of age shall not constitute discrimination, if, within
the context of national law, they are objectively and reasonably justified by a legitimate
aim, including legitimate employment policy, labour market and vocational training
objectives, and if the means of achieving that aim are appropriate and necessary.
Each Member State adopts its own solutions in area of employment and regulates its labour
market. Sometimes these legal solutions are unclear in the light of requirements provided
in Article 6 of the Directive. Therefore, national judges more and more often apply to
the EU Court of Justice for the preliminary rulings in cases related to the compulsory
retirement. The article invokes and analyses such cases and the Court’s opinions.
The Author concludes that taking into account the different economic and social aspects
of ageing and the opinions of the Court, modern Europe needs a new approach to
understanding of the retirement age. This new approach should be more flexible and it
should overcome stereotypes in the field of treatment of the people called older workers
(50 +, 60 +, etc.) in the labour market.