Court of Justice of the European Union

Religious Discrimination, Headscarves and ‘exclusive neutrality’: backsliding by the CJEU

Religious Discrimination, Headscarves and ‘exclusive neutrality’: backsliding by the CJEU

In OP v Commune d’Ans the Court of Justice of the European Union (CJEU) returned to religious discrimination and headscarves, this time in the public sector workplace. Although the CJEU...
‘A Victory for Underpaid Workers’: Chief Constable of Northern Ireland v Agnew

‘A Victory for Underpaid Workers’: Chief Constable of Northern Ireland v Agnew

The recent Agnew case deals with a technical but practically very important point: if a worker is underpaid by their employer when they take annual leave, how far back in...
Case C-673/20 EP v Préfet du Gers: The Stripping of the Right to Vote

Case C-673/20 EP v Préfet du Gers: The Stripping of the Right to Vote

Image description: the Court of Justice of the European Union Ruling of the CJEU After the request for a preliminary ruling from the French tribunal lodged in 2020, the Court...
Israeli Settlements in Occupied Territories: Assessing ‘Continuing Crimes’ Against the Principle of Legality Before the ICC

Israeli Settlements in Occupied Territories: Assessing ‘Continuing Crimes’ Against the Principle of Legality Before the ICC

Image description: Protesters march beneath a banner saying “Freedom for Palestine” On 8 July 2021, a report of the Special Rapporteur on the state of human rights in Palestinian territories...
EU Headscarf Bans: The CJEU’s missed opportunity for reflection on neutrality in IX v Wabe and MH Müller Handels v MJ

EU Headscarf Bans: The CJEU’s missed opportunity for reflection on neutrality in IX v Wabe and MH Müller Handels v MJ

The Court of Justice of the European Union (CJEU) has been widely criticised for their decisions in the popular ‘headscarf cases’, Achbita and Bougnaoui. The Court in Achbita permitted private...
Religious Discrimination and Headscarves – Take Two

Religious Discrimination and Headscarves – Take Two

In IX v WABE eV (C‑804/18) and MH Müller Handels GmbH v MJ (C‑341/19), the CJEU returned to the vexed question of religious discrimination and headscarves, last considered in the...
The Achbita case: an Update from Belgium

The Achbita case: an Update from Belgium

In 2017 the Court of Justice (ECJ) pronounced its much criticised answers to two preliminary questions concerning headscarves and discrimination, originating from France (Bougnaoui) and Belgium (Achbita). On 12 October...
Intra-Group Discrimination and the CJEU

Intra-Group Discrimination and the CJEU

Does discrimination cover situations in which the differing treatment is imposed on persons within a group sharing a protected characteristic? The Court of Justice of the European Union (the Court)...
CJEU in Kalliri: Solidifying Indirect Sex Discrimination

CJEU in Kalliri: Solidifying Indirect Sex Discrimination

Does the European Council Directive 76/207 (as amended by Directive 2002/73), which implements the principle of equal treatment between men and women, preclude a national provision which makes admission of...
Searching for Solidarity through Intra-EU Relocation: Slovak Republic & Hungary v. Council of the European Union

Searching for Solidarity through Intra-EU Relocation: Slovak Republic & Hungary v. Council of the European Union

The Grand Chamber judgment on 6 September 2017 (Joined Cases of C-643/15 and C-647/15) was eagerly anticipated by many and marked an important contribution to the regional debate on solidarity...
Understanding Direct Discrimination Suffered ‘As a Female Muslim’ in Achbita

Understanding Direct Discrimination Suffered ‘As a Female Muslim’ in Achbita

The Court of Justice of the European Union (CJEU) delivered its long-awaited decision in Samira Achbita v G4S Secure Solutions NV on 14 March 2017. The referring Court had asked...
Direct Discrimination and Indirect Discrimination: Headscarves and the CJEU

Direct Discrimination and Indirect Discrimination: Headscarves and the CJEU

The decision of the CJEU in Achbita has been much anticipated as the first full judgment of the Court on discrimination based on religion and belief under Directive 2000/78. Although...

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