The mandatory retirement of public employee

an increasingly limited space for implementation

Abstract

For its collision with the fundamental right of non-discrimination based on age, mandatory retirement has always been a controversial institution, running legal framework has moving on through different phases, which it have gone from its total prohibition (legal and conventional) to its commoun admission (even when there is no a employment cause). Nowdays, it has return to the starting point, even for civil servants, who are practically the only workers to whom it would be applicable, warning of a discordance, which this article explore after delimiting the space in which it operates, between the Law 7/2007, of April 12, of the Basic Statute of Public Employees, hereinafter EBEP (favorable to mandatory retirement after confirming that they do not have a right of a prolongation active service) and the judicial interpretation of the Spanish Supreme Court (restrictive of its validity, thus approaching the pronouncements of the Court of Justice of the European Union and the Spanish Constitutional Court).