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Fordham Law School

Faculty Scholarship

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2016

European union; ECT; treaty of amsterdam; article 13; court of justice

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Adding A Little Gold To The Golden Years: Should The European Union Prohibit Compulsory Retirement As Aged-Based Discrimination In Employment?, Roger J. Goebel Jan 2016

Adding A Little Gold To The Golden Years: Should The European Union Prohibit Compulsory Retirement As Aged-Based Discrimination In Employment?, Roger J. Goebel

Faculty Scholarship

On October 2, 1997, the Member States of the European Union signed the Treaty of Amsterdam which amended the European Community Treaty (ECT). Among the Amsterdam Treaty's most important new provisions was ECT Article 13, which authorized the Council of Ministers, acting unanimously, to "take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief disability, age or sexual orientation." The Council acted with surprising rapidity to adopt Directive 2000/78, which prohibits discrimination in employment on all the listed bases (except for "racial or ethnic origin, " which is covered by Directive 2000/43). Since December …