EU recognition of same-sex marriage? Coman

Background

Adrian Coman is a Romanian. He married his male partner, Claibourn Robert Hamilton – a US citizen – in Belgium in 2010 and the couple currently lives in the US. In 2012, Mr Coman asked the Romanian immigration authorities about obtaining a residence permit for his spouse. He was told that a permit would be refused because the Romanian Civil Code bans the recognition of same-sex marriages performed abroad. However, if Mr Coman’s spouse had been a woman, the marriage would have been recognised automatically and she would have been entitled to a residence permit ipso facto.

The couple sought judicial review, Continue reading

Law and religion round-up – 31st December

and so, as the reality of the Article 50 of time confronts the fantasy of “excruciating detail”, we round off another year of L&RUK with a miscellany of recent news…

What the rule of law is really about

On 22 December, the First President of the Supreme Court of the Republic of Poland, Professor Dr Małgorzata Gersdorf, published an open letter on the recent reforms of the judiciary. President Andrzej Duda has signed into law two bills reforming the Supreme Court and the National Council of the Judiciary: one allows politicians to choose members of the judiciary council, which appoints judges and the other, by lowering the retirement age for Supreme Court judges, would remove about 40 per cent of the current Court.

Continue reading

Achbita: the (interim) domestic outcome

I noted briefly in an earlier post – primarily on the French case of Bougnaoui – that the Belgian Cour de Cassation/Hof van Cassatie had handed down judgment in Achbita on 9 October 2017. The judgment is now available: so far as I can discover, in Dutch only.

Readers will recall that Ms Achbita was dismissed by her employer, G4S Secure Solutions nv, because she refused to comply with an instruction to remove her hijab when visiting the company’s clients. Continue reading

Religious dress: Bougnaoui in the French Cour de Cassation

The French Cour de Cassation has handed down its judgment in the case of Ms Asma Bougnaoui, a Muslim design engineer sacked for refusing to remove her hijab when visiting the firm’s customers.

Background

Regular readers will recall that Ms Bougnaoui worked for the French information technology company Micropole SA. She wore a hijab at work but was told by her employer to remove it while visiting a client after the client’s staff had complained about her appearance Continue reading

Religion, employment and the Genuine Occupational Requirement: Egenberger

Advocate General Tanchev has today published his Opinion in the case of Vera Egenberger v Evangelisches Werk für Diakonie und Entwicklung e.V. [2017] ECJ C-414/16.

Background

Ms Egenberger applied for a job advertised by the Evangelisches Werk für Diakonie und Entwicklung [EWDE], an auxiliary organisation of the Evangelische Kirche in Deutschland [EKD] which is governed by private law and exclusively pursues charitable, benevolent and religious purposes. Continue reading

Law and religion round-up – 15th October

Sero sed serio…

… as until Friday, we thought it was going to be a quiet week for news, despite the MPs’ return to Parliament after the break for Party Conferences. In addition to our Saturday posts on Sex segregation in school, and the disposal of Ian Brady’s remains, reviewed below, shortly after the publication of this round-up, the Church of England issued a statement concerning the meditation that had taken place with the sexual abuse survivor known as “Gilo”; this prompted a response from Ecclesiastical Insurance Office plc.

Sex segregation in school

On Friday, the Court of Appeal handed down judgment in Chief Inspector of Education, Children’s Services And Skills v The Interim Executive Board of Al-Hijrah School [2017] EWCA Civ 1426. The issue of principle before the Court was

“whether it is direct discrimination, contrary to sections 13 and 85 of the Equality Act 2010 for a mixed-sex school to have a complete segregation of male and female pupils over a certain age for all lessons, breaks, school clubs and trips” [1]. Continue reading

EU recognition of sharia divorce decrees: Sahyouni

Advocate General Henrik Saugmandsgaard Øe has issued his Opinion on a request for a preliminary ruling from the Oberlandesgericht München (Higher Regional Court of Munich) on the interpretation of Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the scope of the law applicable to divorce and legal separation. The case concerns recognition in Germany of a divorce decision adopted by a religious body in Syria [1 & 2]. Continue reading