Latest developments in 2019

• Author: Poleshchuk, Vadim
• Pages: 54-54

54

12 LATEST DEVELOPMENTS IN 2019

12.1 Legislative amendments

There have been no new pieces of legislation directly related to the topic of this report.

12.2 Case law

Name of the court: Supreme Court

Date of decision: 24 October 2019

Name of the parties: Constitutionality check related to the case XXX v. Tartu Vangla

Reference number: 5-19-29

Link: https://www.riigikohus.ee/et/lahendid?asjaNr=5-19-29/18

Brief summary: XX has been working as a prison official since 2002. He has a hearing

impairment. In 2013, new health requirements were adopted on the basis of the

Imprisonment Act, including those related to hearing (Decree of the Government of the

Republic no. 12 of January 22, 2013). In 2017, XX failed the health check-up and was

released from service.

XX filed a complaint with the administrative court, because, in his opinion, his dismissal

was based on a discriminatory legal provision. XX underlined that he was not allowed to

use a hearing aid. The use of a hearing aid compensated for his hearing loss.

The case was lost in the court of first instance, which did not find the applicable health-

related requirement discriminatory.

XX filed an appeal. The court of the second instance came to the conclusion that the

contested legal norm is contrary to the constitutional principles of equality and legitimate

expectation. The court found it unreasonable that a prison official can use e.g. glasses, but

not a hearing aid.

The decision of the court of the second instance triggered a procedure in the Supreme

Court to verify the constitutionality of the legal norm at stake. The Supreme Court has

decided to refer to the ECJ for a preliminary ruling:

‘Should Article 2(2), read in combination with Article 4(1), of Council Directive

2000/78/EC (1) of 27 November 2000 establishing a general framework for equal

treatment in employment and occupation, be interpreted as precluding provisions of

national law which provide that impaired hearing below the prescribed standard

constitutes an absolute impediment to work as a prison officer and that the use of

corrective aids to assess compliance with the requirements is not permitted?’128

12.3 Cases brought by Roma and Travellers

No relevant cases.

128 Case C-795/19: Request for a preliminary ruling from the Riigikohus (Estonia) lodged on 29 October 2019

— XX v Tartu Vangla, OJ C 19, 20.1.2020, p. 32–32.