October 28
2021
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21st July 2021
Employment & Immigration Human Rights

Op-Ed: “Missed opportunities: the Court of Justice fails to fix the unprincipled mess on religious garb in the workplace” by Elijah Granet

In Joined Cases IX v WABE & MH Müller Handels v MJ (C-804/18 and C-341/19), the Court of Justice had the chance to cure the defects and ambiguities in its previous case law (Achbita v G4S Secure Solutions, C-157/15;  and Bougnaoui v Micropole, C-188/15) on when EU law allows an employer to fire someone (or, equally, refuse to hire someone) for wearing a visible religious symbol.  The referring German courts in the two cases served up a batch of interesting questions which gave the Grand Chamber the opportunity, if it so chose, to entirely revise the law here. The Court even had the advantage of two Advocate Generals’ Opinions - from the former Advocate General Eleanor Sharpston QC and her successor, Advocate General Rantos. Yet, the

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