A critical assessment of the EUCJ case law on the manifestation of religious convictions at the workplace
Articolo
Data di Pubblicazione:
2019
Citazione:
A critical assessment of the EUCJ case law on the manifestation of religious convictions at the workplace / P. Digennaro. - In: VARIAZIONI SU TEMI DI DIRITTO DEL LAVORO. - ISSN 2499-4650. - 2019:n.s.(2019 Dec), pp. 1451-1463.
Abstract:
The paper aims to present a doctrinal assessment of the ECJC case-law on the freedom to manifest one’s religious affiliation on the workplace to show internal inconsistencies among four judgments (namely Bougnaoui v. Micropole, Achbita v. G4S Secure Solu-tion, Vera Egenberger v. Evangeli-sches Werk für Diakonie und Entwicklunge V, IR vs. JQ) and between them and the ECtHR case law as well as fallacies in the Court legal reasoning. The analysis intends also to bring to light how both the ECJC and the ECtHR accepted a specific idea of neutrality which is in stark contrast with the very reason of the European anti-discrimination law so embarking on a dangerous path. The paper also intends to contribute to the debate concerning the potential space allegedly opened by those judgments to reasonable accommodation of believers at the workplace.
Tipologia IRIS:
01 - Articolo su periodico
Keywords:
employees’ freedom to manifest religion; EUCJ case law; neutralità and laicism; reasonable accommodation
Elenco autori:
P. Digennaro
Link alla scheda completa: