The Court of Justice of the European Union as an actor of constitutionality: About the interpretation of right to non-discrimination at work and its consequences

  • María José Carazo Liébana
DOI: https://doi.org/10.18543/ed-65(1)-2017pp45-71
Keywords: Constitution, Charter of Fundamental Rights of the European Union, dialogue of courts, principle of non-discrimination at work

Abstract

The sentence of the Court of Justice of the European Union of 14 September 2016, opens the possibility of temporary and interim workers to claim 20 days’ compensation (or 33 if dismissal is unlawful) at the end of their contract and / or be fired. This is so, even if the Workers’ Statute does not provide for any compensation for casual workers and a compensation of 12 days for temporary workers. It produces a kind of diffuse control of legislation by the ordinary courts in relation to “European constitutional system”. The national law is interpreted according to the guidelines set by the CJEU given the primacy of Community law. This Court acquire the role of actor of constitutionality as can be seen in the praxis with recent jurisprudential pronouncement in relation to non-discrimination of fixed-term workers. 

Published online: 30 July 2017

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Published
2017-06-30
How to Cite
Carazo Liébana, María José. 2017. “The Court of Justice of the European Union As an Actor of Constitutionality: About the Interpretation of Right to Non-Discrimination at Work and Its Consequences”. Estudios De Deusto 65 (1), 45-71. https://doi.org/10.18543/ed-65(1)-2017pp45-71.
Issue
Vol. 65 No. 1 (2017)
Section
Studies

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