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

The UK and the CJEU after Brexit

Amid much media speculation, the Government has published its position paper on post-Brexit relations between the UK and the Court of Justice of the European Union. It begins

“1. In leaving the European Union, we will bring about an end to the direct jurisdiction of the Court of Justice of the European Union (CJEU)”

– which some critics claim is a “climb-down”, arguing that the word “direct” leaves room for the CJEU to continue to influence UK jurisprudence. Continue reading

Law and religion round-up – 16th July

A quiet week, apart from…

… not the Great Repeal Bill

On Thursday, the Government published the European Union (Withdrawal) Bill. We noted it here and the Parliament page on the Bill is here.

In Public Law for Everyone, Professor Mark Elliott’s post looks in some detail (albeit preliminarily) at how the EU (Withdrawal) Bill works, and comments on some of the key constitutional issues that it raises, here. As a taster (for both Brexiteers and Remainers), he concludes: Continue reading