With the lowering of the retirement age of Hungarian judges, they have become a victim of age discrimination.There is an application filed by the Commission of the European Union infringement proceedings against Hungary. Was in Hungary to 31 December 2011 judges, prosecutors and notaries remain until the age of 70 years in the service. In 2011, the Hungarian laws have been changed so that from 1 January 2012 judges and prosecutors who have reached the general retirement age of 62, must retire from office.
For judges and prosecutors, the first of this age before January have reached 2012, provide for the Hungarian legislation, that service on her 30th June 2012 ends. If they reach this age between 1 January 2012 and 31 December 2012, they have 31 December 2012 termination of duties. From 1 January 2014, also have notaries on the day on which they reach the general retirement age, termination of duties.An infringement action that is directed against a Member State which has failed to fulfil its obligations under European Union law may be brought by the Commission payable to the European Union or in another Member State.
The Member State concerned must comply with the judgment immediately.Social policy objectives, such as employment policy, labour market or vocational training, justifying derogation from the principle of the prohibition of discrimination on grounds of age. To this end, the Court of the European Union that the criteria applied by Hungary objectives need to standardize the retirement age in the public sector and creating a more balanced age structure, which facilitates access of lawyers to the professions from social-political in nature.Under these circumstances, the Court of the European Union concludes that the strong reduction of the retirement age to retire eight years in the professions is not to achieve the goal of unification of the retirement age in the public service required action.
Since the national rules induces a difference in treatment that is necessary to attain the objectives pursued neither appropriate nor necessary, and therefore not comply with the principle of proportionality, Hungary has failed to fulfil its obligations under the Directive. Hungary has to comply immediately with this judgment as a member state.
If the Commission of the European Union considers that the Member State has not complied with the judgment, they can sue again seeking financial penalties.