Keywords

Summary



Keywords

1. Community law — Scope — National measures concerning the organisation of the armed forces — No general exception for measures taken for reasons of public security

2. Social policy — Men and women — Access to employment and working conditions — Equal treatment — Directive 76/207 — Scope — Access to posts in the armed forces — Included — Discretion of the Member States — Scope — Judicial review — (Council Directive 76/207)

3. Community law — Scope — Member States' choices of military organisation for the defence of their territory or of their essential interests — Compulsory military service for men only — Excluded

Summary

1. Measures taken by the Member States concerning the organisation of their armed forces are not excluded in their entirety from the application of Community law solely because they are taken in the interests of public security or national defence. It cannot be inferred from the provisions of the Treaty concerning derogations applicable in situations which may affect public security that the Treaty contains an inherent general exception excluding all measures taken for reasons of public security, whether internal or external, from the scope of Community law. To recognise the existence of such an exception, regardless of the specific requirements laid down by the Treaty, might impair the binding nature of Community law and its uniform application.

see paras 30-32

2. The principle of equal treatment for men and women is of general application and Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions applies to employment in the public service as it does to access to posts in the armed forces. It is for the Court to verify whether the measures taken by the national authorities, in the exercise of their recognised discretion, do in fact have the purpose of guaranteeing public security and whether they are appropriate and necessary to achieve that aim.

see paras 33-34

3. Community law does not preclude compulsory military service being reserved to men. Certainly, decisions of the Member States concerning the organisation of their armed forces cannot be completely excluded from the application of Community law, particularly where observance of the principle of equal treatment of men and women in connection with employment, including access to military posts, is concerned. But it does not follow that Community law governs the Member States' choices of military organisation for the defence of their territory or of their essential interests, such as the decision to ensure their defence in part by compulsory military service. The delay in the careers of persons called up for military service is an inevitable consequence of that choice and does not mean that it comes within the scope of Community law. The existence of adverse consequences for access to employment cannot, without encroaching on the competences of the Member States, have the effect of compelling the Member State in question either to extend the obligation of military service to women, thus imposing on them the same disadvantages with regard to access to employment, or to abolish compulsory military service.

see paras 35, 39, 41-42, operative part