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The EU Treaties and the Charter of Fundamental RightsA Commentary$
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Manuel Kellerbauer, Marcus Klamert, and Jonathan Tomkin

Print publication date: 2019

Print ISBN-13: 9780198794561

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780198794561.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 21 October 2021

Article 17 TFEU

Article 17 TFEU

Chapter:
(p.411) Article 17 TFEU
Source:
The EU Treaties and the Charter of Fundamental Rights
Author(s):

Marcus Klamert

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198759393.003.89

Article 17 TFEU has been introduced by the ToL, drawing on Declaration No 11 to the ToA. This Declaration is mentioned in Recital 24 of the Equality Framework Directive 2000/78, whose Article 4(2) states that MS ‘may maintain national legislation in force at the date of adoption of this Directive or provide for future legislation incorporating national practices existing at the date of adoption of this Directive pursuant to which, in the case of occupational activities within churches and other public or private organisations the ethos of which is based on religion or belief, a difference of treatment based on a person’s religion or belief shall not constitute discrimination where, by reason of the nature of these activities or of the context in which they are carried out, a person’s religion or belief constitute a genuine, legitimate and justified occupational requirement, having regard to the organisation’s ethos’.

Keywords:   religious institutions, Equality Framework Directive

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