j 2023

Battling the hydra in EU anti-discrimination law: ECJ judgment raises more questions about discrimination against self-employed workers

KŘIČKOVÁ, Lenka and Iva FELLEROVÁ PALKOVSKÁ

Basic information

Original name

Battling the hydra in EU anti-discrimination law: ECJ judgment raises more questions about discrimination against self-employed workers

Authors

KŘIČKOVÁ, Lenka and Iva FELLEROVÁ PALKOVSKÁ

Edition

Verfassungsblog, 2023

Other information

Language

English

Type of outcome

Článek v odborném periodiku (nerecenzovaný)

Field of Study

50501 Law

Country of publisher

Germany

Confidentiality degree

není předmětem státního či obchodního tajemství

References:

Organization unit

Faculty of Law

DOI

Keywords in English

discrimination; ECJ; sexual orientation; self-employment
Změněno: 4/2/2023 20:07, Mgr. Lenka Křičková

Abstract

V originále

Can a company refuse to conclude or renew a contract with a self-employed person because he is gay? And may contractual freedom prevail over the prohibition of discrimination in such a situation? The European Court of Justice (ECJ) has recently tackled these questions in case C- 356/21, J.K. v. TP. A short answer stemming from the judgment would be a resounding no. Yet, a further analysis is in order because the judgment also brings a significant shift in the ECJ’s anti-discrimination case law. We argue that by interpreting the scope of the EU anti-discrimination directives as covering the conclusion of contracts by self-employed workers, the ECJ has extended the protection against discrimination to unexpected areas. That raises questions about how the directives will be applied in practice when self-employed workers claim discrimination.