On 28 November 2023, the Court of Justice of the European Union (CJEU) returned a ruling relating to the wearing of religious signs in the workplace, i.e. a public administration (Court ruling of 28 November 2023, C-148/22).

In this case, a female employee of the municipality of Ans (Belgium) was prohibited from wearing an Islamic headscarf at her place of work. The woman in question served as an office manager without any real contact with the users of the public service. In doing so, the municipal had amended its terms of employment by demanding the strictest neutrality from its employees (requiring them to refrain from any form of proselytising and from wearing conspicuous signs of ideological or religious adherence).

Does this rule, as imposed by the municipality, constitute a discrimination that is contrary to European Union law?

The Court affirms that the neutrality policy imposed by a public administration may be considered to be objectively justified by a legitimate aim.This is also said to apply to the choice of an administration which decides to introduce a policy which authorises, in a general and indiscriminate manner, the wearing of visible signs of philosophical or religious convictions.

However, this aim must be pursued in a consistent and systematic manner and apply to all workers. The Court also held that such a ban may not be limited to just conspicuous signs and that the small-scale signs also need to be included in this ban in order to achieve the aim allegedly pursued.

The Member States, and all infra-State entities within the scope of their powers, have a degree of leeway when it comes to the application of the principle of neutrality of the public service which they wish to see reflected in the workplace in consideration of their own specific context.