'Nothing but trouble', or reasoned inconsistency? The development of religion and belief protection since 2000

Abstract

The article considers the development of the law on religion and belief discrimination in the EU since the introduction of the Employment Equality Directive 2000/78 (the Equality Directive) in 2000. At the time of its introduction, it was anticipated that a number of problems would face the courts given that the new equality ground would cover similar interests to those protected by existing human rights protection for freedom of religion and belief. The article explores the extent to which those fears were realised in subsequent legal developments. It explores the development of the CJEU case law on religion and belief law and shows that in large part the predictions of inconsistent treatment of religion and belief have been borne out. It concludes with an assessment of the extent to which the inconsistencies that are identified are a serious problem for the future development of the law on religion and belief within Europe