𝘐𝘯 𝘤𝘢𝘴𝘦 𝘊-587/20 (𝘏𝘒/𝘋𝘢𝘯𝘮𝘢𝘳𝘬 𝘢𝘯𝘥 𝘏𝘒/𝘗𝘳𝘪𝘷𝘢𝘵) 𝘵𝘩𝘦 𝘌𝘊𝘑 𝘧𝘰𝘶𝘯𝘥 𝘵𝘩𝘢𝘵 𝘢 𝘶𝘯𝘪𝘰𝘯𝘴 𝘴𝘵𝘢𝘵𝘶𝘵𝘦𝘴 𝘸𝘦𝘳𝘦 𝘢𝘨𝘦 𝘥𝘪𝘴𝘤𝘳𝘪𝘮𝘪𝘯𝘢𝘵𝘰𝘳𝘺 𝘢𝘴 𝘵𝘩𝘦𝘴𝘦 𝘴𝘵𝘪𝘱𝘶𝘭𝘢𝘵𝘦𝘥 𝘵𝘩𝘢𝘵 𝘢 𝘴𝘦𝘤𝘵𝘰𝘳 𝘤𝘰𝘯𝘷𝘦𝘯𝘰𝘳 𝘸𝘢𝘴 𝘯𝘰 𝘭𝘰𝘯𝘨𝘦𝘳 𝘦𝘭𝘪𝘨𝘪𝘣𝘭𝘦 𝘢𝘴 𝘴𝘩𝘦 𝘩𝘢𝘥 𝘳𝘦𝘢𝘤𝘩𝘦𝘥 𝘵𝘩𝘦 𝘢𝘨𝘦 𝘰𝘧 63.
𝘛𝘩𝘦 𝘌𝘊𝘑 𝘤𝘰𝘯𝘤𝘭𝘶𝘥𝘦𝘴 𝘵𝘩𝘢𝘵 𝘢𝘯 𝘢𝘨𝘦 𝘭𝘪𝘮𝘪𝘵 𝘭𝘢𝘪𝘥 𝘥𝘰𝘸𝘯 𝘪𝘯 𝘵𝘩𝘦 𝘴𝘵𝘢𝘵𝘶𝘵𝘦𝘴 𝘰𝘧 𝘢𝘯 𝘰𝘳𝘨𝘢𝘯𝘪𝘴𝘢𝘵𝘪𝘰𝘯 𝘰𝘧 𝘸𝘰𝘳𝘬𝘦𝘳𝘴 𝘧𝘰𝘳 𝘦𝘭𝘪𝘨𝘪𝘣𝘪𝘭𝘪𝘵𝘺 𝘵𝘰 𝘴𝘵𝘢𝘯𝘥 𝘢𝘴 𝘴𝘦𝘤𝘵𝘰𝘳 𝘤𝘰𝘯𝘷𝘦𝘯𝘰𝘳 𝘰𝘧 𝘵𝘩𝘢𝘵 𝘰𝘳𝘨𝘢𝘯𝘪𝘴𝘢𝘵𝘪𝘰𝘯 𝘧𝘢𝘭𝘭𝘴 𝘸𝘪𝘵𝘩𝘪𝘯 𝘵𝘩𝘦 𝘴𝘤𝘰𝘱𝘦 𝘰𝘧 𝘋𝘪𝘳𝘦𝘤𝘵𝘪𝘷𝘦 2000/78/𝘌𝘊 𝘦𝘴𝘵𝘢𝘣𝘭𝘪𝘴𝘩𝘪𝘯𝘨 𝘢 𝘨𝘦𝘯𝘦𝘳𝘢𝘭 𝘧𝘳𝘢𝘮𝘦𝘸𝘰𝘳𝘬 𝘧𝘰𝘳 𝘦𝘲𝘶𝘢𝘭 𝘵𝘳𝘦𝘢𝘵𝘮𝘦𝘯𝘵 𝘪𝘯 𝘦𝘮𝘱𝘭𝘰𝘺𝘮𝘦𝘯𝘵 𝘢𝘯𝘥 𝘰𝘤𝘤𝘶𝘱𝘢𝘵𝘪𝘰𝘯 (“𝘈𝘯𝘵𝘪-𝘋𝘪𝘴𝘤𝘳𝘪𝘮𝘪𝘯𝘢𝘵𝘪𝘰𝘯 𝘋𝘪𝘳𝘦𝘤𝘵𝘪𝘷𝘦”). 𝘕𝘦𝘪𝘵𝘩𝘦𝘳 𝘵𝘩𝘦 𝘱𝘰𝘭𝘪𝘵𝘪𝘤𝘢𝘭 𝘯𝘢𝘵𝘶𝘳𝘦 𝘰𝘧 𝘴𝘶𝘤𝘩 𝘢 𝘱𝘰𝘴𝘵 𝘯𝘰𝘳 𝘵𝘩𝘦 𝘮𝘦𝘵𝘩𝘰𝘥 𝘰𝘧 𝘳𝘦𝘤𝘳𝘶𝘪𝘵𝘮𝘦𝘯𝘵 (𝘦𝘭𝘦𝘤𝘵𝘪𝘰𝘯) 𝘩𝘢𝘴 𝘢𝘯𝘺 𝘣𝘦𝘢𝘳𝘪𝘯𝘨 𝘰𝘯 𝘵𝘩𝘦 𝘢𝘱𝘱𝘭𝘪𝘤𝘢𝘵𝘪𝘰𝘯 𝘰𝘧 𝘵𝘩𝘪𝘴 𝘋𝘪𝘳𝘦𝘤𝘵𝘪𝘷𝘦.
The Court outlines, among others, the following important aspects:
✔️Article 3(1)(a) of the Anti-Discrimination Directive [i.e., the Directive applies to all persons in both public and private sectors, including public bodies, in relation to conditions for access to employment, to self-employment or to occupation (…)] covers conditions for access to any occupational activity, whatever the nature and characteristics of such activity.
✔️The Anti-Discrimination Directive does not seek to protect only workers as the weaker party in an employment relationship. The Directive seeks to eliminate, on grounds relating to social and public interest, all discriminatory obstacles to access to livelihoods and to the capacity to contribute to society through work, irrespective of the legal form in which it is provided.
✔️The right of organisations of workers to elect freely their representatives, part of the freedom of association, must be reconciled with the prohibition of discrimination in employment and occupation which is the purpose of the Anti-Discrimination Directive, as a specific expression of the general principle of non-discrimination.
This post was first published by Suciu Employment and Data Protection Lawyers on 8 June 2022. To know more about the firm and how our member firm helps clients in Romania and in the UAE, click here or contact Managing Partner Andreea Suciu.