EU Anti-discrimination Law and Domestic Negotiated Law as Legal Instruments to Protect Religious Freedom at Work in Europe: Concurring or Conflicting?

Abstract

Il diritto antidiscriminatorio europeo e le legislazioni nazionali di tipo pattizio come strumenti di protezione della libertà religiosa in materia di lavoro: due approcci concorrenti o conflittuali? – In Europe, the protection of the fundamental right to freedom of religion and belief at workplace relies on EU antidiscrimination law, which is based on the conceptual premise of “sameness of treatment” logic. By contrast, at domestic level, we may find legal provisions that recognise to certain religious groups special or derogatory rights. Here the logic is to favour the right to difference and to promote distinctiveness. The CJEU case-law seems to pursue the aim to neutralize religion at workplace as if this were the only way to grant equal treatment to all forms of religion. This may lead to possible clashes of constitutional intensity.