Citing need for 'neutrality,' top EU court rules government offices can ban employees from displaying religious symbols

LONDON

The EU’s top court has ruled that government offices across the EU can prohibit employees from wearing anything revealing philosophical or religious beliefs such as headscarves, "in order to put in place an entirely neutral administrative environment."

The Court of Justice of the EU ruling, issued on Tuesday, stresses the importance of equal application of such restrictions and underscores that they must conform to the legal frameworks of individual member states.

"Such a rule is not discriminatory if it is applied in a general and indiscriminate manner to all of that administration’s staff and is limited to what is strictly necessary," the court said in a statement.

"Each Member State, and any infra-State body within the framework of its competences, has a margin of discretion in designing the neutrality of the public service which it intends to promote in the workplace, depending on its own context," it added.

"However, that objective must be pursued in a consistent and systematic manner, and the measures adopted to achieve it must be limited to what is strictly necessary. It is for the national courts to verify that those requirements are complied with," said.

The court was called on to make a decision following an incident in the municipality of Ans, eastern Belgium, where a Muslim employee was told that she could not wear a headscarf while carrying out her duties.

The employee then filed a complaint with a local court, saying that the prohibition was discriminatory and raised concerns about the infringement of her right to freedom of religion.

The court acknowledged that explicit displays of religious beliefs were prohibited. However, the complainant provided several photos illustrating that "discreet signs of conviction were tolerated," calling into question the court saying that such restrictions must be “applied in a general and indiscriminate manner.”