{"id":3182,"date":"2024-11-27T20:39:28","date_gmt":"2024-11-27T19:39:28","guid":{"rendered":"https:\/\/johan-callewaert.eu\/?p=3182"},"modified":"2025-03-17T18:57:48","modified_gmt":"2025-03-17T17:57:48","slug":"european-harmony-on-age-discrimination-judgment-of-the-ecthr-in-ferrero-quintana","status":"publish","type":"post","link":"https:\/\/johan-callewaert.eu\/de\/european-harmony-on-age-discrimination-judgment-of-the-ecthr-in-ferrero-quintana\/","title":{"rendered":"European harmony on age discrimination: judgment of the ECtHR in Ferrero Quintana"},"content":{"rendered":"\n

In the case of Ferrero Quintana v. Spain<\/a> <\/em>(2669\/19, 26.11.2024), the ECtHR ruled on whether the applicant had been the victim of age discrimination<\/strong>, contrary to Article 1 of Protocol No. 12 to the Convention, as a result of the imposition of a maximum age limit of 35 years in a public competition aimed at filling several police officer positions<\/strong> within the police force (Ertzaintza<\/em>) of the Basque Autonomous Community.<\/p>\n\n\n\n

After a careful analysis of all the circumstances and having regard to the wide margin of appreciation<\/strong> of the national authorities, the ECtHR unanimously found no violation of that provision, because the impugned difference in treatment pursued a legitimate aim<\/strong> and was not disproportionate<\/strong>.<\/p>\n\n\n\n

Interestingly, the CJEU had come earlier to a very similar conclusion<\/strong> in Salaberria Sorondo<\/a><\/em>, a case initiated by another candidate in the same competition<\/strong>, but on the basis of Directive 2000\/78 of 27 November 2000<\/strong> establishing a general framework for equal treatment in employment and occupation<\/strong>, notably its Article 4(1) which provides that \u201c \u2026 Member States may provide that a difference of treatment which is based on a characteristic related to any of the grounds referred to in Article 1 shall not constitute discrimination where, by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out, such a characteristic constitutes a genuine and determining occupational requirement, provided that the objective is legitimate and the requirement is proportionate.<\/em>\u201d<\/p>\n\n\n\n

This ruling by the CJEU is abundantly quoted by the ECtHR<\/strong> in its statement of the relevant domestic and international legal sources. While only sparely referring explicitly to these quotes in its reasoning, the ECtHR, by developing very similar arguments<\/strong>, but following its own methodology, clearly drew a lot of inspiration<\/strong> from that Luxembourg ruling.<\/p>\n\n\n\n

This case is therefore another interesting illustration of the substantial and procedural interaction<\/strong> between the Luxembourg and Strasbourg protection of fundamental rights, in spite of methodological differences<\/strong>.<\/p>\n\n\n\n

There is substantive interaction<\/strong> when cross-fertilisation<\/strong> is taking place between the Strasbourg and Luxembourg jurisprudence, despite the sometimes different legal provisions and methodologies <\/strong>being applied by each of the European Courts, as in the present case.<\/p>\n\n\n\n

There is procedural interaction<\/strong> when, as in the case at hand, the same issues<\/strong> come, at different stages of the proceedings<\/strong>, before both European Courts, with the ECtHR coming last, as was also the case, mutatis mutandis, <\/em>in Centraal Isra\u00eblitisch Consistorie van Belgi\u00eb and Others<\/a><\/em>.<\/p>\n\n\n\n

In Centraal Isra\u00eblitisch Consistorie van Belgi\u00eb and Others<\/em>, however, the CJEU in giving its ruling had amply relied on the Strasbourg case-law<\/strong> on freedom of religion, which prompted the ECtHR, as it explicitly admitted, to exercise, for the sake of upholding subsidiarity<\/strong> and case-law harmony<\/strong>, some \u201cself-restraint<\/strong>\u201d as regards the Luxembourg approach. By not doing so in Salaberria Sorondo<\/em>, the CJEU took a greater risk of not being followed<\/strong> by the ECtHR, with possible consequences for national judges and citizens.<\/p>\n\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

In the case of Ferrero Quintana v. Spain (2669\/19, 26.11.2024), the ECtHR ruled on whether the applicant had been the victim of age discrimination, contrary to Article 1 of Protocol No. 12 to the Convention, as a result of the imposition of a maximum age limit of 35 years in a public competition aimed at […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[22,19],"tags":[],"class_list":["post-3182","post","type-post","status-publish","format-standard","hentry","category-european-court-of-human-rights","category-recent-case-law"],"translation":{"provider":"WPGlobus","version":"3.0.2","language":"de","enabled_languages":["en","de","fr"],"languages":{"en":{"title":true,"content":true,"excerpt":false},"de":{"title":false,"content":false,"excerpt":false},"fr":{"title":false,"content":false,"excerpt":false}}},"_links":{"self":[{"href":"https:\/\/johan-callewaert.eu\/de\/wp-json\/wp\/v2\/posts\/3182","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/johan-callewaert.eu\/de\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/johan-callewaert.eu\/de\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/johan-callewaert.eu\/de\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/johan-callewaert.eu\/de\/wp-json\/wp\/v2\/comments?post=3182"}],"version-history":[{"count":3,"href":"https:\/\/johan-callewaert.eu\/de\/wp-json\/wp\/v2\/posts\/3182\/revisions"}],"predecessor-version":[{"id":3304,"href":"https:\/\/johan-callewaert.eu\/de\/wp-json\/wp\/v2\/posts\/3182\/revisions\/3304"}],"wp:attachment":[{"href":"https:\/\/johan-callewaert.eu\/de\/wp-json\/wp\/v2\/media?parent=3182"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/johan-callewaert.eu\/de\/wp-json\/wp\/v2\/categories?post=3182"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/johan-callewaert.eu\/de\/wp-json\/wp\/v2\/tags?post=3182"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}