Thread by @StevePeers

Thread on today's end of term judgments of the CJEU

First, the press release on the latest judgment to find that judicial independence has been compromised in Poland

An infringement proceedings judgment can be enforced by going back to the CJEU and asking it to impose fines in the event of non-compliance. The judgment might also be relevant to applying the EU law linking rule of law breaches with EU funding.

CJEU, employment and equality law

Press release - today's judgment on employer prohibition on headscarves at work

Headscarves at work: the rest of the press release

Note:
- this concerns policies of employers, not governments
- the judgment concerns what employers *may* do, not what they *must* do
- ie an employer may choose *not* to restrict displays of religious faith by staff

Court: employers can limit staff wearing headscarves based on policy of religious neutrality if they are consistently applied and respond to business needs such as customer objection

(My view: this is inconsistent with prior case law re race discrimination/customer objections)

Court explicitly rejects bad idea (endorsed by Advocate General's opinion) of distinction between large and small displays of faith - which would obviously have meant that crucifix was ok but headscarves and turbans were not (not sure about kippah/yarmulke but the point is moot)

CJEU, energy policy

Court upholds Polish challenge to Commission decision approving German decision re gas pipeline bypassing Poland - principle of energy solidarity applies

Polish government: the wicked EU courts are infringing our sovereignty

Also Polish government: EU courts, please rule in our favour against Germany

CJEU: EU citizenship, access to benefits

UK case re EU citizens with pre-settled status: no general right of access to benefits under EU law BUT...
curia.europa.eu/juris/document…

...EU law still applies to EU citizens who moved to another Member State legally, so the EU Charter still applies to them in situations involving domestic violence and children. Not clear what this means in practical terms though.

CJEU, employment law

Working time Directive applies to the military, but only in certain circumstances

CJEU, disability discrimination

Estonian law automatically firing prison officers for limited hearing breached EU law - should have provided for possible use of hearing aids, or reasonable accommodation

CJEU, copyright/freedom of expression

AG opinion argues to dismiss Polish challenge to controversial EU copyright law - on the basis of interpreting it to comply with human rights standards
curia.europa.eu/juris/document…

CJEU, EU citizenship

Member States can't deny non-economically active EU citizens from other Member States affiliation to the national health service - but Member States *can* insist on them contributing to the costs via sickness insurance

More full texts of today's judgments:

Polish judicial independence: curia.europa.eu/juris/document…

Headscarves at work: curia.europa.eu/juris/document…

disability discrimination: curia.europa.eu/juris/document…

Also now available - yesterday's interim measures ruling against Poland in a further judicial independence case: curia.europa.eu/juris/document…