Direitos linguísticos e acesso ao emprego na função pública da União Europeia

Abstract

In recent years, the Court of Justice of the European Union has been asked to rule, on several occasions, on the linguistic regime of competitions for recruitment organized by the Union Administration.
In some cases, the initiative to control the actions of the Union Administration has come from candidates in these competitions. But, in many others, judicial control ofthe Union's actions has been promoted by Member States. Spain and Italy, in particular, have challenged the legality of competition notices that establish differentiated treatment of the Union's official languages and put at risk equal access of Union citizens to employment in the Union public service.
This wave of greater activism by some Member States in defense of linguistic diversity in the Union, and the rights of its nationals, has been favorably received by the Court of Justice, which once again asserts itself as the guardian of the rights of the European
citizens and the values on which the Union is founded.
In this text we present an analysis of this case law, which allows us to conclude that respect for linguistic diversity is confirmed as a basic principle of the Union's legal order, which must also be taken into account when defining the linguistic regime of competitions for access to employment in the public service of the Union.