Written answers

Tuesday, 6 March 2007

Department of Justice, Equality and Law Reform

Equality Issues

11:00 pm

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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Question 189: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his views on the opinion of the Advocate General of the European Court of Justice (details supplied); the submission which was made by the State in this matter; the implications for the State if the European Court of Justice follows the opinion of the Advocate General; the actions he will take on this issue; and if he will make a statement on the matter. [8609/07]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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In the case in question, the European Court of Justice has been asked by the Spanish Courts to rule whether European law (specifically Article 13 of the EC Treaty and Article 2(1) of Council Directive 2000/78/EC) which prohibits discrimination on the ground of age, precludes national laws allowing for the setting of compulsory retirement ages in collective agreements and, that being so, whether it also requires a national court to set aside such provisions in national law. I can confirm that the State has made an intervention to the Court in this case, to the effect that European law does not preclude national provisions laying down retirement ages. Moreover, the State contends that national courts do not have the option of disapplying national laws where they may be found to be contrary to the Directive in question as it cannot have direct effect.

While in his recently published opinion, the Advocate General reaches broadly the same conclusions, this opinion of itself does not have legal effect. No decision has yet been made by the European Court of Justice in the case. In the event that the Court concurs with the opinion of the Advocate General, the judgment will have no implications for the State.

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