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