Panel: FREEDOM OF RELIGION OR BELIEF AND POLITICAL CHANGE IN EUROPE AND BEYOND



443.3 - THE EUROPEAN COURT OF JUSTICE AND RELIGION: ACHIEVEMENTS AND OPEN QUESTIONS IN THE EU LEGAL LANDSCAPE

AUTHORS:
Croci F. (University of Milan ~ Milan ~ Italy)
Text:
Over the past few years, the European Court of Justice ("ECJ") has issued several judgments relating to religious matters, following a long period in which religion was almost entirely absent from its case law. These judgments address, from various angles, the general principle of non-discrimination on grounds of religion and belief, primarily (but not exclusively) focusing on religious symbols in the workplace, while other cases touch on religious holidays or ritual religious practices. All of these issues are sensitive, often regulated differently across Member States, and can be both contentious and controversial. The emerging ECJ case law on these matters is particularly significant in a legal order such as that of the European Union. The other (non-jurisdictional) EU institutions - notably the political institutions, such as the European Parliament, the Council of the EU, and the European Commission - rarely engage with religious matters, in line with the EU's lack of specific competences in this area. By contrast, the ECJ is increasingly confronted with questions involving religion through the preliminary ruling procedure, at the request of national courts in the EU Member States. Against this backdrop, the aim of this contribution is, first, to assess the progress the ECJ has made in addressing religious matters, identifying some open issues arising from its case law. Secondly, the emerging definition of a principle of EU neutrality in the religious sphere will be considered, in the light of the provision laid down in Article 17 TFEU. Finally, it will be examined whether, in the absence of a policy direction from the EU political institutions, the ECJ case law can be seen as progressively outlining de facto policy lines on religious matters at the European Union level, or whether the Court's judgments should not be viewed from such a systematic, policy-oriented perspective.