Sharpening the Teeth of EU Social Fundamental Rights: The Case of State Pension Age

Andrea Minto,Hans Van Meerten

doi:10.2139/ssrn.3826660

Abstract

This article analyzes current EU pension law and policy in light of the case “State Pension Age” (SPA) and considers the implications of this analysis for EU social rights. In examining the applicability of EU pension law, it provides two critical entry point of analysis into the SPA cases: i) Article 21 Charter Fundamental Rights of the European Union, and ii) The Internal Market scenario.

Highlights

Sarmiento wrote in 2018 a blog named: ‘Sharpening the Teeth of EU Social Fundamental Rights: A Comment on Bauer’
The claimants argued that the UK State Pension Age (SPA) was discriminatory and contrary, inter alia, to EU Law
In this article the focus is not if SPA is discriminatory, but rather whether the SPA falls in the ambit of EU law

Summary

Introduction

Sarmiento wrote in 2018 a blog named: ‘Sharpening the Teeth of EU Social Fundamental Rights: A Comment on Bauer’.1 This interesting analysis can be put into practice on the basis of a recent judgement by the Court in the United Kingdom (still bound by EU Law regarding pensions).2 This article examines an important and very topical EU Law element of the judgments (first instance3 and appeal4) regarding two claimants (Delve and Glynn),

Results

Conclusion