ECJ eschews Community jurisdiction over military affairs

Case C-186/01. Another of those cases where long-standing practice may have been illegal and the Courts “need” to let it continue: German military service under the Wehrpflichtgesetz; favourite English example: boxing isn’t sport, it’s ABH.

A man claimed that Wehrpflicht was some form of gender-based employment discrimination. The Court decided that this was a military policy matter, and thus outside the scope of Community law. In previous cases, the Court has argued that where there is a conflict of competences, Community law must triumph so as to ensure the uniformity of Community law. The title of this blog article is how I’d headline this for the Daily Mail, but it makes the point: the competency and jurisdictional boundaries of Community law, which have been rendered meaningless by the Court’s teleology of economic integration, have to be reasserted for political and legal reasons.

Link: A press release from the ECJ relating to this case

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