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European Observer on fundamental right's respect

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Case Law C-326/19 (03/06/2021)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/03/2021

Subject: The Court affirmed that framework agreement on fixed-term work does not preclude national legislation under which provision is made, in respect of the recruitment of university researchers, for the conclusion of a fixed-term contract for a period of three years, with a single possibility of extension, for a maximum period of two years, making the conclusion of such contracts subject, first, to the condition that resources are available ‘for planning for the purposes of carrying out research, teaching, non-curricular activities and student service activities’, and, second, that such contracts are extended on condition that there is a ‘positive appraisal of the teaching and research activities carried out’, without it being necessary for those rules to define objective and transparent criteria making it possible to verify that the conclusion and renewal of such contracts do indeed meet a genuine need, and that they are likely to achieve the objective pursued and are necessary for that purpose

Parties: Ministero dell'Istruzione, dell'Università e della Ricerca - MIUR e a. (Chercheurs universitaires)

Classification: Equality - Art. 21 Non discrimination

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