Headscarves return to the CJEU: unfinished business

Howard, Erica ORCID: https://orcid.org/0000-0003-0848-5033 (2020) Headscarves return to the CJEU: unfinished business. Maastricht Journal of European and Comparative Law, 27 (1) . pp. 10-28. ISSN 1023-263X (doi:10.1177/1023263X19889247)

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Abstract

In 2017, the CJEU brought out its judgments in two cases concerning bans on the wearing of Islamic headscarves at work as possible discrimination on the grounds of religion or belief under Directive 2000/78/EC. These judgments led to heavy criticism, mainly because the CJEU did not do a rigorous proportionality test and left a number of questions open. Two recent preliminary references from courts in Germany present the CJEU with an opportunity to expand on the earlier judgments and to answer the questions they left open. It is submitted that the CJEU should deal with this unfinished business in a way which respects Europe’s religious diversity and ensures that the ground of religion and belief does not become the poor relation of EU anti-discrimination law.

Item Type: Article
Research Areas: A. > School of Law > Law and Politics
Item ID: 28016
Notes on copyright: Howard, E. (2020). Headscarves return to the CJEU: Unfinished business. Maastricht Journal of European and Comparative Law, 27(1), 10–28. Copyright © 2019 The Author(s). DOI: https://doi.org/10.1177/1023263X19889247
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Depositing User: Erica Howard
Date Deposited: 30 Oct 2019 11:11
Last Modified: 15 Jul 2020 20:30
URI: https://eprints.mdx.ac.uk/id/eprint/28016

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