Posts Tagged ‘Injunctive or exclusion of duty’

European Court declared inadmissible German termination.

Januar 30, 2010

Where are you?

A milestone in the jurisprudence of the EU has set Justice. That court, which is German for us in the struggle for a democratization of the law and more important. Not scrapped the German judicial system, or even happy with the rights of citizens sawing politicians who helped us, but the EU judges.

The occasion was „the requirement that only the seniority after 25 Birthday extend the notice period. “ (1) This is the opinion of the EU judges an illegal age discrimination.

And our politicians now have to remove luckily their own filth. „Under German labor law, the legal notice must be changed,“ Thanks to the European Court of Justice.

Effect has no union or any other club night watchman, but „the lament of a woman …., in the 18th Years been employed by an Essen-based company and ten years later was dismissed. It was because of her employment for three years (since the 25th birthday) only allowed one months‘ notice. For ten years they would have been entitled to four months. „(2)

The EU_Richter have with the ruling in the Case C-555/07 made it clear what rules apply for German courts. „The court also noted, an individual could not rely directly before the court on the EU directive banning discrimination. That Discrimination was, however, a general principle of Union law. That national court had full Effectiveness of EU law to ensure. (Guarantee obligation) why can not use it in such a case, national law. „(Injunctive or exclusion of duty) (2)

These are two legal principles, even the duty to ensure that European Union law before any German court has law and national law should not be used (of omission or exclusion of duty) are two important milestones.

In addition, the judges, the German neo-liberal ideology, politicians and economists have rejected that wanted the generation of abuse among 25-year-old workers‘ personnel organization (s) of flexibility „in the company. „In particular, they rejected the argument that the employer should receive a greater flexibility of personnel management, because younger workers a greater professional and personal mobility can be expected. This was not the case, because the non-imputation of service before 25 Year of life, regardless of age applies for a dismissal. „(2)

One can only hope that more and more citizens and support groups in their areas of legal affairs at the EU Court of contact and we thus obtain the neutral judge in a humane legislation. The woman was eating much, she has reached more than 100 social policy in the Bundestag or a trade union like Ver.di or IGM and gives us courage.