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Human dignity, equality and non-discrimination

On the Futility of Expelling Poor Union Citizens in an Open Border Europe

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  • 10648 reads
Dion Kramer

Abstract: What is the point of expelling illegally residing EU citizens when they would be able to immediately return in an open-border Europe? This Insight critically discusses the opinion by Advocate-General Rantos in the FS v Staatssecretaris van Justitie en Veiligheid case (C‑719/19), where an EU citizen had been expelled from...

European Papers, 18.05.2021 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Citizenship, Human dignity, equality and non-discrimination, Citizenship and civil and political rights

Religious Slaughtering, a Stunning Matter: Centraal Israëlitisch Consistorie van België and Others

Insight
  • 14806 reads
Lena Hehemann

Abstract: In Centraal Israëlitisch Consistorie van België and Others (case C-336/19 ECLI:EU:C:2020:1031) the Court of Justice held that EU Member States are allowed to require, in the context of ritual slaughter, a reversible stunning procedure which cannot result in the animal’s death. According to the Court, Regulation 1099/2009 on the...

European Papers, 22.04.2021 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Union Policies, The European Integration Through Human Rights, Protection of human rights in Europe, Human dignity, equality and non-discrimination

Sensibilité(s) européenne(s) et sensibilité animale: l’affaire Centraal Israëlitisch Consistorie van België e a.

Insight
  • 4655 reads
Eve Buland

Abstract: The Court of Justice of the European Union is once again invited to rule on the conciliation between animal welfare and freedom of religion. Mainly relying on the lack of consensus among the Member States, the Court finds that a national legislation introducing an obligation of reversible stunning is admitted according to Regulation (EC)...

European Papers, 14.04.2021 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Union Policies, The European Integration Through Human Rights, Protection of human rights in Europe, Human dignity, equality and non-discrimination

When Medical Treatment and Religious Beliefs Intersect: The Case of Veselibas Ministrija

Insight
  • 11278 reads
Giacomo Di Federico

Abstract: This Insight comments the judgment of the Court of Justice in Veselības ministrija (case C-243/19 ECLI:EU:C:2020:872) with a view to highlight its contribution to the effectiveness of equality in access to healthcare within the Union. After a brief introduction and contextualization of the case, this Insight...

European Papers, 14.04.2021 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Union Policies, The European Integration Through Human Rights, Human dignity, equality and non-discrimination, Fundamental freedoms

A European Way to Approach (and Limit) the Law on State Immunity? The Court of Justice in the RINA Case

Insight
  • 14727 reads
Andrea Spagnolo

Abstract: The present Insight offers an analysis of the judgment of the Court of Justice in the so-called RINA case (judgment of 7 May 2020, case C-641/18, LG and Others v. Rina and Ente Registro Navale), which deals with the (non) automatic extension of State immunity to private actors entrusted with some public functions....

European Papers, 29.06.2020 | Posted in
The European Integration Through Human Rights, Protection of human rights in Europe, Human dignity, equality and non-discrimination

Freedom of Religion in the Workplace v. Freedom to Conduct a Business, the Islamic Veil Before the Court of Justice: Ms. Samira Achbita Case

Insight
  • 19398 reads
José Rafael Marín Aís

Abstract: The Court of Justice ruled on 14 March 2017 an interesting judgment concerning the dismissal of Ms. Samira Achbita (case C‑157/15, Samira Achbita v. G4S Secure Solutions NV), a Muslim female, who had worked as a receptionist in the private sector. She was dismissed due to her refusal to stop wearing the Islamic headscarf according...

European Papers, 26.04.2018 | Posted in
The European Integration Through Human Rights, Human dignity, equality and non-discrimination

A European Court of Human Rights’ Systematization of Principles Applicable to Expulsion Cases

Insight
  • 15135 reads
Gloria Fernández Arribas

Abstract: The European Court of Human Rights has developed a large case-law regarding expulsion cases, of which cases linked to asylum applications constitute a significant number. This Insight analyses the case of J.K. et al. v. Sweden [GC] (judgment of 23 August 2016, no. 59166/12), which constitutes an attempt on the part of the...

European Papers, 25.09.2017 | Posted in
The European Integration Through Human Rights, Human dignity, equality and non-discrimination

Il velo svelato

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  • 4476 reads
Roberto Bin

Keywords: non-discrimination – religious symbols – Islamic veil – labour relations – directive 2000/78/EC – discrimination grounded on religion or belief.
 

Nella causa Achbita,[1] la Grande Chambre della Corte di giustizia ha emanato una sentenza...

European Papers, 05.04.2017 | Posted in
The European Integration Through Human Rights, Human dignity, equality and non-discrimination

“Clash of Titans” 2.0. From Conflicting EU General Principles to Conflicting Jurisdictional Authorities: The Court of Justice and the Danish Supreme Court in the Dansk Industri Case

Insight
  • 9249 reads
Elena Gualco

Abstract: The present Insight focuses on the reception by the Danish Supreme Court (judgment of 6 December 2016, no. 15/2014, DI acting for Ajos A/S v. The estate left by A.) of the Court of Justice decision in the Dansk Industri case (judgment of 19 April 2016, case C-441/14 [GC]). Instead of disapplying a national...

European Papers, 26.03.2017 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, The European Integration Through Human Rights, Human dignity, equality and non-discrimination

The Dogan et al. v. Turkey Case: A Missed Opportunity to Recognise Positive Obligations as Regards the Freedom of Religion

Insight
  • 13208 reads
Marcella Ferri

Abstract: In the Doğan et al. v. Turkey case (judgment of 26 April 2016, no. 62649/10), the Grand Chamber of the European Court of Human Rights decided on an application made by several Turkish citizens belonging to the Alevi faith. They complained not to be able to enjoy the same guarantees granted to citizens of the Sunni branch of Islam...

European Papers, 06.02.2017 | Posted in
The European Integration Through Human Rights, Human dignity, equality and non-discrimination, Citizenship and civil and political rights
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