We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Cases C-190/22, Fixed-Term Work: BL – v – Presidenza del Consiglio dei Ministri, reference lodged by the Ufficio del Giudice di pace di Rimini (Italy) on 7 March 2022.
- Abstract
Cases C-190/22, Fixed-Term Work: BL - v - Presidenza del Consiglio dei Ministri, reference lodged by the Ufficio del Giudice di pace di Rimini (Italy) on 7 March 2022 If the answer to the first question is in the affirmative, does Article 47 of the Charter of Fundamental Rights of the European Union, in conjunction with Article 267 TFEU, clauses 2 and 4 of the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP and laid down in Directive 1999/70/EC of 28 June 1999, and the fundamental principle of the independence and irremovability of European judges, preclude a national provision - such as Article 21 of Legislative Decree No 116 of 13 July 2017 - which exposes the referring judge (also a magistrate), without effective legal, economic and social security protections, who intends to apply EU law, as interpreted by the Court of Justice in UX, disapplying national provisions precluding the recognition of the protection sought, to the automatic termination of judicial office by bodies of the Italian State (a party in the main proceedings), such as the Supreme Council of the Judiciary and the Ministero della giustizia (Ministry of Justice), without an inter partes procedure and without disciplinary proceedings before the entry into force of Legislative Decree No 116/2017?.
- Subjects
RIMINI (Italy); EMPLOYEE rights; LEGAL rights; TORT reform
- Publication
European Employment Law Cases, 2022, Vol 7, Issue 2, p112
- ISSN
1877-9107
- Publication type
Article
- DOI
10.5553/EELC/187791072022007002029