Åldern i fokus : En studie om hur svensk rätt påverkas av EG-rättens reglering av åldersdiskriminering i arbetslivet

Sweden is a member of the European Union (EU) since 1995. The association results in considerable proportions of the European law, also called EC-law, for Sweden. The legal system has precedence above Swedish law, which forces our national court to take consideration into and interpret the law in the light of EC-law. Sweden doesn’t possess a general legislation of discrimination. An appointed committee investigates the matter and the requirement of a common law, including all discrimination prohibits. The committee must also consider the European employment directive, which indicates establishing of a general framework for equal treatment in employment and occupation and includes age discrimination. The purpose of the essay has been to describe, analyse and appoint current law and order regarding the age discrimination and to find out how well the Swedish law correspond whit the European employment directive. It can be established that the age regulation is supposed to provide discrimination of both young and old on the labour market. A difference in treatment based on the age, is justified if it´s done objectively and reasonably by a legitimate aim. Future court cases will have a decisive influence on the law and order development, since the European employment directive is both vague and undefined. There will be a unified law of discrimination, but no alteration in the Swedish law of employment security. The unification involves the age ground and gets adaptable on indirect as well as on direct discrimination