Labour Law and the ‘Public Interest’: Discrimination and beyond

Abstract

This article considers the intersection between labour law and the ‘public interest’ at EU level. It focuses particularly on the recent age discrimination cases in which the right to age discrimination has been balanced with the public interest (in employment policy). The article seeks to address a number of issues. Firstly, it considers the meaning of ‘public interest’ in relation to labour law, and why this notion has only traditionally been evident in very restricted fields (particularly collective bargaining). Secondly, the article considers the derogations on ‘public interest’ grounds in relation to age discrimination legislation. On this point, the relationship between formal equality (in employment directives) and constitutional equality (in relation to the general principle of non-discrimination) in the EU is discussed. Finally, the article discusses the balance struck between formal and constitutional equality in recent age discrimination cases heard in the ECJ. It considers particularly the effect on this balance of the margin of appreciation afforded to member states in the regulation of economic and social affairs.