Reasonableness of Legislative Choices and Protection Against (Discriminatory) Dismissal of Temporary Staff: Does the Approach of the Court of Justice of the European Union to Judicial Review and Judicial Control Meet High Rule of Law Standards?

Abstract

The present contribution is devoted to analyzing recent developments in selected aspects of European Union civil service law. Such analysis will help us to assess the soundness of the prevailing approach to judicial review of legislative acts and to judicial control over individual acts affecting the rights of European Union civil service workers. Case law on the equality principle is scrutinized, with the suggestion being made that, at times, such case-law shows an excessive deference towards the European Union legislator, or that, at least, more precise reasoning could be needed in this field. A review of case-law concerning the rights and duties of temporary staff workers is also carried out, and reveals the need to strengthen the scrutiny exercised by the European Courts, and above all by the Civil Service Tribunal, in cases of alleged discriminatory dismissal.