Interazioni tra principi (e tra fonti) nel diritto dell’Unione europea: la sentenza Egenberger e i successivi sviluppi

The article analyses some recent cases dealt with by the European Court of Justice (ECJ), relating to the principle of non-discrimination on the grounds of religion and belief. After an introduction providing brief remarks on the status of sources and principles of EU law, the paper focuses on the Egenberger case, highlighting the most innovative aspects of the judgment delivered by the ECJ. In this regard, attention is paid to the interpretation given by the Court to Article 17 TFEU as a provision laying down the principle of neutrality of the EU towards the organisation by the Member States of their relations with churches and religious associations, as well as to the necessity of an effective judicial review concerning the fulfilment of the criteria set out in Directive 2000/78/EC to permit differences of treatment, relating to occupational activities, based on a person’s religion or belief. The main subsequent judicial developments before the ECJ, with reference to the issues under consideration, and notably to the horizontal direct effect of the provisions of the Charter of fundamental rights of the EU, are then taken into account. In the final part of the article, some conclusive remarks are put forward as regards the role of the ECJ in balancing rights and principles.