DIREKTNA HORIZONTALNA PRIMENA DIREKTIVE I OPŠTEG PRINCIPA ZABRANE STAROSNE DISKRIMINACIJE ― SLUČAJ Mangold vs. Helm (2005)

Novičić Žaklina (Истраживач-сарадник, Институт за међународну политику и привреду, Београд),

The article deals with the ruling of the European Court of Justice in Mangold case (2005). Although this proceeding has been concerned with an employment issues between private parties – German citizens, ECJ have based its jurisdiction on a general principle of anti-discrimination based on age, which was embodied by the Council directive on equal treatment (2000). However, the period prescribed for the implementation of the Directive into domestic law had not expired neither when the decision was handed down nor when the contested employment contract was concluded. With Manglod ruling, ECJ have de facto confirmed direct horizontal effect of a directive and a general principle in the Member State. Critics of the Mangold ruling said that ECJ went beyond its competences in a new way, which ultimately represents just another way for bypassing the doctrine of horizontal application, this time in the field of employment which is mainly in the competences of Member States.

Keywords: Preliminary opinion, prohibition of discrimination based on age, fixed-term employment contract, direct horizontal effect of directive and of general principle