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European Observer on fundamental right's respect

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Case Law C-282/19 (13/01/2022)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 01/13/2022

Subject: According to the Court, framework agreement on fixed-term work precludes national legislation excluding Catholic religious education teachers in public education establishments from the scope of the rules intended to penalise abuse arising from the use of successive fixed-term contracts where there is no other effective measure in the domestic legal system penalising that abuse and, second, as meaning that the requirement to hold a suitability certificate issued by an ecclesiastical authority for the purposes of allowing those teachers to provide Catholic religious education does not constitute an ‘objective reason’ within the meaning of the framework agreement, because that certificate is issued once and not before each school year leading to the conclusion of a fixed-term employment contract

Parties: MIUR e Ufficio Scolastico Regionale per la Campania

Classification: Equality - Art. 21 Non discrimination

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