Part IV

Elena ENE-GAVRILĂ, Ph.D. candidate, Pension rights of civil servants in the light of the ECJ’s case-law. Article 141 EC vs. Council Directive 79/7/EEC
An analysis of the evolution of the case law of the Court of Justice of the European Communities regarding the retirement pension schemes, in general, and for certain categories of employees (e.g. public servants), in particular, allows for the observation that the ECJ approach to the pension right has undertaken major changes. Although, initially, this benefit was considered by the ECJ in relation with specific principles or features of the retirement system, following a certain period of time the Court abandonned this referential and started to analyze the pension benefit from the perspective of whether the pension is paid to the employee as a result of the employment relationship between him and his former employer, that is to say, the criterion of employment. Thus, the ECJ has already settled the conditions that (i) the pension must only concern a particular category of workers, (ii) it must be directly related to the period of service completed and (iii) its amount must be calculated by reference to the public servant's last salary, it has reiterated and notionally consolidated them, and even added new meanings in the judgments pronounced over time. Therefore, the pension right provided by a statutory social security scheme, which satisfies the criterion of employment that encompasses the three aforementioned conditions, falls within the scope of Article 119 of the Treaty (Article 141 EC).

Keywords: social policy, equal treatment for men and women, applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) or Directive 79/7/EEC , concept of ‘pay’, retirement pension scheme for public servants
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