Critical Analysis of ECJ Case Law on Fixed-Term Contracts in the Public Sector

Abstract

This paper analyses the impact of atypical employment contracts on the public sector in European countries through the Court of Justice's interpretation of some national provisions implementing the Framework Agreement on fixed-term work. It shows that in the decisions analysed, the Court has shown a real desire to protect workers on fixed-term contracts, in some areas relating to a broad scope of material application of the Framework Agreement and the extent of the principle of equality of treatment. However, this case law increases instability in the status of civil servants, while ignoring their specific characteristics and validating a reduction in the level of national legal protection of public sector employment. This appears to go hand-in-hand with a deeper trend towards segmentation of the labour market, privatisation of the public sector and contractualisation of workers in the public sector.