Tutela dell’identità religiosa e neutralità aziendale. Il garantismo della giurisprudenza nazionale (Francia, Belgio e Germania) e le nuove indicazioni della Corte UE

Religious identity in neutrality policies, the favor religionis in national jurisprudence (France, Belgium and Germany) and the new course of the EU Court of Justice. Corporate neutrality are increasingly limiting an employee’s religious freedom. In this regard, French, Belgian, and German national case law has departed from the antidiscrimination protection outlined by the Court of Justice of the EU in 2017. Specifically, national courts require that neutrality policies be linked to concrete needs and the risk of harm to the business, and apply a balance between religious and business freedom that favors the identity of the worke The Court of Justice of EU upheld most of the arguments of domestic case law in its ruling of July 15, 2021.