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Marshall V Southampton Health Authority
''Marshall v Southampton and South West Hampshire Area Health Authority '' (1986Case 152/84is an EU law case, concerning the conflict of law between a national legal system and European Union law. Facts Helen Marshall, a senior dietitian, claimed that her dismissal on grounds of being old violated the Equal Treatment Directive 1976. She was an employee of an Area Health Authority (or "AHA"), a body established by the UK government under the National Health Service Act 1977, as amended by the Health Services Act 1980. Marshall was dismissed after 14 years on 31 March 1980, approximately four weeks after attaining the age of 62, despite her expressing a willingness to continue in employment until the age of 65 (4 February 1983). The sole reason for her dismissal was that she had passed 'the retirement age'; the AHA's policy was to make women compulsorily retire at 60, but men at 65. Section 27 (1) and 28 (1) of the Social Security Act 1975 provided state pensions were to be grant ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per member state – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Slynn
Gordon Slynn, Baron Slynn of Hadley (17 February 1930 – 7 April 2009) was a British judge and Advocate General of the European Court of Justice. He particularly specialised in European law. He was a Lord of Appeal in Ordinary. Early life Slynn was born on 17 February 1930 to John and Edith Slynn and educated at Sandbach School, Goldsmiths, University of London, and Trinity College, Cambridge. He was called to the bar at Gray's Inn in 1956 before moving to One Hare Court alongside Fisher, Neil, Parker, and Richard Southwell QC, becoming a bencher in 1970 and Treasurer in 1988. He served as Junior Counsel to the Ministry of Labour between 1967 and 1968. He was the First Junior Treasury Counsel (Common Law), or "Treasury Devil", from 1968 to 1974. Lord Denning said about Slynn in his capacity as such: "He was outstanding. The best I have ever known. He will go far." His successful application to take silk in 1974 coincided with his becoming the first Leading Counsel to the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Justice Of The European Union Case Law
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ageism Case Law
Ageism, also spelled agism, is discrimination against individuals or groups on the basis of their age. The term was coined in 1969 by Robert Neil Butler to describe discrimination against seniors, and patterned on sexism and racism. Butler defined "ageism" as a combination of three connected elements. Originally it was identified chiefly towards older people, old age, and the aging process; discriminatory practices against older people; and institutional practices and policies that perpetuate stereotypes about elderly people. The term "ageism" has also been used to describe the oppression of younger people by older people, for example in a 1976 pamphlet published by Youth Liberation of Ann Arbor, MI. In the UK, Councillor Richard Thomas at a meeting of Bracknell Forest Council (March 1983), pointed out that age discrimination works against younger as well as older people. It has much later (February 2021) been used in regards to prejudice and discrimination against especially ad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Retirement In The United Kingdom
Retirement is the withdrawal from one's position or occupation or from one's active working life. A person may also semi-retire by reducing work hours or workload. Many people choose to retire when they are elderly or incapable of doing their job due to health reasons. People may also retire when they are eligible for private or public pension benefits, although some are forced to retire when bodily conditions no longer allow the person to work any longer (by illness or accident) or as a result of legislation concerning their positions. In most countries, the idea of retirement is of recent origin, being introduced during the late-nineteenth and early-twentieth centuries. Previously, low life expectancy, lack of social security and the absence of pension arrangements meant that most workers continued to work until their death. Germany was the first country to introduce retirement benefits in 1889. Nowadays, most developed countries have systems to provide pensions on retirement ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foster V British Gas Plc
''Foster v British Gas plc'' (1990C-188/89is a leading EU law concerning the definition of the "state", for the purpose of determining which organisations in the private or public sector can be regarded as an organ of the state. The ECJ held a state is any manifestation or organisation under control of a central government. In a previous case, ''Chandler v Director of Public Prosecutions'', 964AC 763 (HL Lord Reid held a state is synonymous with an 'organised community', and according to Lord Devlin it meant 'the organs of government of a national community'. Facts Mrs Foster was required to retire from her job at British Gas when she was 60 years old, while men could continue until they were 65. British Gas was a nationalised industry at the time (before being privatised under the Gas Act 1986), and she and four other women claimed this was unlawful discrimination on grounds of sex, contrary to the Equal Treatment Directive (then 76/207/EEC, and now recast in 2006/54/EC). Becau ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".TEart 50 On the most sophisticated discu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foster V
Foster may refer to: People * Foster (surname) * Foster Brooks (1912–2001), American actor * Foster Moreau (born 1997), American football player * Foster Sarell (born 1998), American football player * John Foster Dulles (1888–1959), American diplomat and politician * Sterling Foster Black (1924–1996), American lawyer * Jodie Foster (1962-), American actor Places ;Australia * Foster, Victoria ;Canada * Foster, Quebec, a village, now part of the town of Broke Lake ;United Kingdom * Foster Mill, in Cambridge, England ;United States * Foster (CTA), elevated transit station in Evanston, Illinois, USA * Foster, California (other) ** Foster, San Diego County, California * Foster, Indiana * Foster, Kentucky * Foster, Washtenaw County, Michigan * Foster, Minnesota * Foster, Missouri * Foster, Nebraska * Foster, Oklahoma * Foster, Oregon * Foster, Rhode Island * Foster Township, Michigan * Foster, Wisconsin (other) ** Foster, Clark County, Wisconsin, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Direct Effect Of European Union Law
In European Union law, direct effect is the principle that Union law may, if appropriately framed, confer rights on individuals which the courts of member states of the European Union are bound to recognise and enforce. Direct effect is not explicitly stated in any of the EU Treaties. The principle of direct effect was first established by the Court of Justice of the European Union (CJEU) in ''Van Gend en Loos v. Nederlandse Administratie der Belastingen''.(Case 26/62); 963ECR 1; 970CMLR 1 Direct effect has subsequently been loosened in its application to treaty articles and the ECJ has expanded the principle, holding that it is capable of applying to virtually all of the possible forms of EU legislation, the most important of which are regulations, and in certain circumstances to directives. The ECJ first articulated the doctrine of direct effect in the case of ''Van Gend en Loos'', the European Court of Justice laid down the criteria (commonly referred to as the "Van Gend c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Direct Effect
In European Union law, direct effect is the principle that Union law may, if appropriately framed, confer rights on individuals which the courts of member states of the European Union are bound to recognise and enforce. Direct effect is not explicitly stated in any of the EU Treaties. The principle of direct effect was first established by the Court of Justice of the European Union (CJEU) in ''Van Gend en Loos v. Nederlandse Administratie der Belastingen''.(Case 26/62); 963ECR 1; 970CMLR 1 Direct effect has subsequently been loosened in its application to treaty articles and the ECJ has expanded the principle, holding that it is capable of applying to virtually all of the possible forms of EU legislation, the most important of which are regulations, and in certain circumstances to directives. The ECJ first articulated the doctrine of direct effect in the case of ''Van Gend en Loos'', the European Court of Justice laid down the criteria (commonly referred to as the "Van Gend cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sex Discrimination Act 1975
The Sex Discrimination Act 1975 (c. 65) was an Act of the Parliament of the United Kingdom which protected men and women from discrimination on the grounds of sex or marital status. The Act concerned employment, training, education, harassment, the provision of goods and services, and the disposal of premises. The Sex Discrimination (Gender Reassignment) Regulations 1999, The Gender Recognition Act 2004 and The Sex Discrimination Act 1975 (Amendment) Regulations 2008 amended parts of this Act to apply to those who "intend to undergo, are undergoing or have undergone gender reassignment". Other amendments were introduced by the Sex Discrimination Act 1986, the Employment Act 1989, the Equality Act 2006, and other legislation such as rulings by the European Court of Justice. The Act did not apply in Northern Ireland, however The Sex Discrimination Gender Reassignment Regulations (Northern Ireland) 1999 does. The Act was repealed in full by the Equality Act 2010.https://www.legis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
