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- Title
Case C-163/23, Fixed-term Work: Governo Italiano – v – UX, reference lodged by the Giudice di pace di Bologna (Italy) on 14 March 2023.
- Abstract
Keywords: Fixed-term Work EN Fixed-term Work 112 112 1 08/08/23 20230401 NES 230401 Does the case-law of the highest ordinary and administrative courts cited below - more specifically, Order No 13973/2022 of 3 May 2022 of the Corte di Cassazione (Supreme Court of Cassation), which denies honorary fixed-term magistrates, such as the magistrate in the main proceedings, any rights linked to the status of worker with working conditions comparable to those of a permanent professional judge - commit a specific breach of EU law by preventing effective recourse to judicial protection of those rights before an independent national court if, and in so far as, the Court should find that that case-law of the ordinary court of last instance had infringed Article 31(2) of the Charter of Fundamental Rights of the European Union ..., Article 7 of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time ..., clauses 2 and 4 of the framework agreement between ETUC, UNICE and CEEP on fixed-term work concluded on 18 March 1999, which is annexed to Council Directive 1999/70/EC of 28 June 1999 ..., as interpreted by the Court of Justice of the European Union in its judgments of 16 July 2020, Governo della Repubblica italiana (Status of Italian Magistrates) ("the judgment in UX"), C-658/18, EU:C:2020:572 ... and of 7 April 2022, Ministero della Giustizia and Others (Status of Italian Magistrates) ("the judgment in PG"), C-236/20, EU:C:2022:263 ..., and Article 47(1) and (2) of the Charter? Case C-163/23, Fixed-term Work: Governo Italiano - v - UX, reference lodged by the Giudice di pace di Bologna (Italy) on 14 March 2023.
- Subjects
COURT of Justice of the European Union; USER experience; JUDGES; ADMINISTRATIVE courts; LEGAL judgments; JUDICIAL selection &; appointment
- Publication
European Employment Law Cases, 2023, Vol 8, Issue 2, p112
- ISSN
1877-9107
- Publication type
Article
- DOI
10.5553/EELC/187791072023008002022