Sharpening the Teeth of EU Social Fundamental Rights? The Case of State Pension Age in the UK

Abstract

In this contribution I want to discuss an important and very topical EU Law element of the judgment regarding two claimants (Delve and Glynn), backed by BackTo60, versus the UK Department of Work and Pensions (hereafter: Delve and Glynn). Claimants argued inter alia that the UK State Pension Age (SPA)was discriminatory. I want to focus here not if SPA is discriminatory, but whether the (SPA) falls in the ambit of EU law. Didn’t the UK Court (the Court) in Delve and Glynn conclude too easily that SPA falls outside the scope of EU Law? In other words, how can we further sharpen the teeth of EU social protection?