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IS-RURE-EONR-rettsvitenskap

Taking age equality seriously, Protection against age discrimination in employment, A comparative legal analysis between Norway and Germany

Tildelt: kr 37 000

The thesis in a nutshell: The PhD-thesis I am writing at the Department of Private Law at the University of Oslo deals with legal protection against age discrimination in employment. The research is based on a comparative perspective by examining the leg al situation in Norway in comparison to the present legal situation in Germany. This concerns especially the transformation of European Union (EU) law at national level. The principle of non-discrimination on grounds of age, as it is a general principle o f EU primary law and concretizied in secondary EU law in Dir. 2000/78/EC, plays a fundamental role for the examination. One of the key issues is to analyse to what extent national regulations guarantee sufficient protection against age discrimination and are in conformity with this principle. The main focus of the analysis rests on age discrimination in the end of workinglife and here particulary on the situation of older employees. Two set of rules are examined with regrad to their age discriminatory pot ential: provisions concerning dismissal protection and provisions concerning mandatory retirement. The topic is evaluated both from a comparative as well as a contextual and interdisciplinary angle. While the situation of older employees, in particular concerning the legitimacy of mandatory retirement already has been discussed for a long time in gerontology, demography and economics, the fire has been fuelled on the legal side of the debate only since a few years. In particular the implementation of Di r. 2000/78/EC has contributed considerably to the development that the situation of older employees also came to the forefront of dicussions in labour law. Thus, empirical findings of neighbour disciplines are also of vital importance as they may contribu te to rebut some of the often-used arguments to justify and maintain mandatory retirement and dismissals based on having reached a fixed age and thus may in the end contribute to take age equality seriously.

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IS-RURE-EONR-rettsvitenskap

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