2023-11-28 15:47:31
A public administration may prohibit agents from visibly wearing any philosophical or religious sign in the workplace, ruled the European Court of Justice, hearing the case of a regulation of the commune of Ans. The judgment leaves a margin of appreciation to the Member States and specifies that this is not an obligation for an administration. Article reserved for subscribers Journalist at the Idées center By Fanny Declercq Published on 11/28/2023 at 4:47 p.m. Reading time: 4 min
Does European law allow a public administration to organize a completely neutral environment, prohibiting the wearing of religious symbols by all of its staff? This is the question posed by the Liège labor court to the Court of Justice of the European Union in the context of a dispute between the municipality of Ans and an agent who had asked to be able to “wear the veil at work “. Yes, replied in substance the Court, which also considers it legitimate for an administration to authorize the wearing of these convictional signs by its employees, even if they are in contact with citizens.
The applicant has worked for the municipality since 2016, without contact with users of the public service, and without wearing signs likely to reveal her religious beliefs. Until February 2021, when she asked to be able to wear the veil.
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