Advocate General’s Opinion in belief discrimination case - Egenberger v Evangelisches Werk fur Diakonie und Entwicklung e.V. (C-414/16) [ECJ AdvGen 09.11.17 (Unreported)


Fri, 10 Nov 2017

Equal treatment in matters of employment — Article 4(2) of Directive 2000/78/EC — Genuine, legitimate and justified occupational requirements of organisations the ethos of which is based on religion or belief — Difference in treatment based on religion in matters of employment by an auxiliary organisation to a church — Article 17 TFEU — Ecclesiastical privilege of self-determination — Limited judicial review under Member State constitutional law of ‘self-conception’ of religious groups — Primacy, unity, and effectiveness of EU equal treatment law — Articles 52(3) and 53 of the Charter of Fundamental Rights of the European Union — Balancing of competing rights — Horizontal effects of the Charter. OPINION that occupational requirements set by religious organisations were subject to judicial review with respect to alleged unlawful discrimination on the basis of belief.




Category: Employment »  Religious discrimination; EC Law. Area(s) of law: Employment.
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