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Hungarian Judges and age discrimination

by on November 8, 2012

The decision of the Hungarian Parliament to reduce the retirement age of its judges from 70 to 62 has been ruled to be age discrimination by the Court of Justice of the European Union.

A copy of the press release can be downloaded from here.

The Court said that the legislation was “not appropriate to achieve the pursued objective of establishing a more balanced ‘age structure’” which was the objective invoked by Hungary for its introduction.

The reasons for the judgment seem to relate to the abruptness of the effect of the law (e.g. the absence of any transitional provisions) and its inter-action with other contradictory changes (e.g. the increase in retirement age from 62 to 65 in Hungary’s general pension scheme) rather than challenging the desirability of seeking to achieve a balanced ‘age structure’.

In the UK, there is a statutory retirement age for judges of 70.


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