By decision of its Plenary Session Council of State The ministerial decision of 2007, which provides for a ceiling of 1.65 m for women and 1.70 m for men, for participation in a competition for the classification of military schools.
As the Plenary Session of the Supreme Court of Cassation ruled, the disputed ministerial decision issued in 2007 is contrary to a number of constitutional articles as well as to EU law.
In particular, the Council of State considered that the provision in question discriminates against women in the sense of excluding them to a much greater extent than potential male candidates.
This distinction, according to the State Councilors, “contradicts both EU law and the constitutional principles of gender equality, meritocracy and proportionality, as it is not objectively justified as to the appropriateness and necessity of this minimum threshold, and the exercise of in principle, in the principles limits “.
In the convergent opinion of two Councilors and two Presidents of the Court, the provision in question “is primarily contrary to the constitutional principles of equality and meritocracy, because, although it pursues a legitimate aim normal lawful duties of the Police), but it is not suitable for the service of this purpose, as the above physical abilities are not necessarily associated with a certain minimum stature, nor is it self-evident that those who do not have this stature are deprived of them ( a view that reflects stereotypical perceptions), and is not necessary for the treatment of the above purpose, which is achieved by submitting the candidates to appropriate special, sports and / or simulation of Police duties tests “.
For this reason, the appeal of the candidate was accepted by the Plenary Session of the CoC, which was excluded from the competition of probationary Port Guards, because it did not have the required minimum height of 1.65 m (but 1.63 m).
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