Hungary judicial retirement rules fail on proportionality (News, 19 November 2012)

Article summary

Hungary brought in domestic legislation to require most of its judges, prosecutors and notaries to retire at 62 instead of the previous retirement age of 70. This legislation discriminated directly on grounds of age, and hence Hungary needed to show justification to avoid contravening the requirements of the Equal Treatment Framework Directive. Hungary argued that the legislation pursued two aims, namely (1) the standardisation of the age-limit for compulsory retirement in professions in the public sector, and (2) the establishment of a more balanced age structure, facilitating access for young lawyers to the professions of judge, prosecutor and notary and guaranteeing them an accelerated career, both of which were found by the ECJ to be legitimate. However the ECJ found that the legislation was not appropriate and necessary to achieve either of those aims, as (a) its provisions abruptly and significantly lowered the age-limit for compulsory retirement, without introducing transitional measures to protect those adversely affected by them, which persons would...