Il principio di non discriminazione sulla base della religione o delle convinzioni personali in controversie orizzontali: il caso IR

The essay examines the first ECJ’s ruling on Article 4 (2) (2) of Directive 2000/78, which implements, inter alia, the general principle of EU law relating to the prohibition of discrimination on the basis of religion and personal beliefs, with specific regard to the interplay between primary and secondary law, as well as their effects in horizontal disputes. The comment focuses on two major issues. First, the personal scope of application of Article 4 (2) (2) and its specific features vis-à-vis the judicial review developed by the ECJ in equal treatment cases. Second, the normative yardstick used by the ECJ in evaluating the compatibility of national provisions with EU law and the interplay between the latter and the general principle of EU prohibiting discrimination on the basis of religion or belief. The most significant open legal issues are briefly mentioned in the concluding remarks.