Libre circulation des travailleurs : reconnaissance des droits acquis
Auteur | Legal News |
La Cour de justice des communautés européennes (CJCE) a été saisie d'une demande de décision préjudicielle portant sur l'interprétation de l'article 39 CE relatif à la circulation des travailleurs au sein de l'Union européenne. En l'espèce, le litige opposait la requérante à la République Italienne sur la reconnaissance de ses droits acquis pendant l'exercice des fonctions de lecteur d'échange au sein d'une université italienne. Le 15 mai 2008, la CJCE rappelle dans sa décision que l'article 39 CE s'oppose à ce que, dans le cadre du remplacement d'un contrat de travail à durée déterminée (CDD) comme lecteur d'échange par un contrat de travail à durée indéterminée (CDI) comme expert linguistique, une personne se trouvant dans la situation de la requérante, se voit refuser la reconnaissance des droits acquis depuis la date de son premier engagement. Elle ajoute que cette non reconnaissance est également...
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