1.

First. Is the case-law which, defending the principles of equality, merit, ability and non-discrimination in the free movement of workers, refuses to confer the status of permanent workers in the public sector on workers who have non-permanent contracts of indefinite duration contrary to Clause 5 of the Framework Agreement? (2)

2.

Secondarily. If the answer to the above question is in the affirmative: May entitlement on the part of workers who have non-permanent contracts of indefinite duration to dissuasive compensation when their employment relationship is terminated be regarded as an adequate measure to prevent and, where appropriate, penalise abuses resulting from the use of successive temporary contracts in the public sector, in accordance with Clause 5 of the Framework Agreement?