KONTROLA SĄDOWA PRZESŁANEK ŚWIATOPOGLĄDOWEGO KONTRATYPU ZAKAZU DYSKRYMINACJI W ŚWIETLE WYROKÓW VERA EGENBERGER I IR V. JQ
THE JUDICIAL REVIEW OF THE CRITERIA FOR WORLDVIEW IMPUNITY FOR DISCRIMINATION IN THE LIGHT OF THE CASES OF VERA EGENBERGER AND IR V. JQ

Summary/Abstract: Background: The worldview impunity for discrimination according to Article 4(2) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation is intended to constitute a balance between the principle of prohibiting discrimination in employment based on religion or belief and the principle of the autonomy of churches, religious associations and religious communities. Essential for interpreting this Article and applying national implementation provisions are the judgments of the Court of Justice in the cases of Vera Egenberger and IR v. JQ, the main motive of which is to guarantee effective judicial review. The background is the analysis of the worldview impunity for discrimination in employment. Research purpose: Research of the consequence of the Court of Justice judgments in the cases of Vera Egenberger and IR v. JQ for the process of interpreting and applying worldview impunity for discrimination in employment. Methods: Legal-dogmatic research with emphasis on the analysis of case law, with the auxiliary use of the views of legal scholars and commentators. Conclusions: The judgments of the Court of Justice in the cases of Vera Egenberger and IR v. JQ constitute a clear line of case law indicating the manner of interpretation of Article 4(2) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, and applying the provisions implementing it in national legal systems. The fundamental postulate of the Court is to guarantee effective judicial review by which it can be ensured that the criteria set out in Article 4(2) of that directive are satisfied in the particular case. It emphasizes the judicial protection deriving for individuals from Articles 21 and 47 of the Charter of Fundamental Rights of the European Union.

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