In what direction has the prohibition of age discrimination been heading since the European Court of Justice (ECJ) ruled in Rosenbladt that there are almost no limits to the discretion of Member States in adopting mandatory retirement rules? This article argues that the general labour market policy of Member States will probably continue to be exempt from strict judicial scrutiny when long-standing features of employment law that are shared by many States are concerned. However, in the case of rules for specific occupations or specific age-related entitlements, the margin of discretion left to the Member States is narrowed down considerably. This article argues that there is a need to bridge the gap between the different control standards. Especially since the entry into force of the European Union (EU) Charter of Fundamental Rights, the interest of some employees to continue in employment and to pursue their chosen occupation needs to be balanced more evenly against the labour market policy of Member States. A suggestion about how to reconcile these interests is put forward.
International Journal of Comparative Labour Law and Industrial Relations