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@article{2252639, author = {Křičková, Lenka and Fellerová Palkovská, Iva}, doi = {http://dx.doi.org/10.17176/20230131-174523-0}, keywords = {discrimination; ECJ; sexual orientation; self-employment}, language = {eng}, journal = {Verfassungsblog}, title = {Battling the hydra in EU anti-discrimination law: ECJ judgment raises more questions about discrimination against self-employed workers}, url = {https://verfassungsblog.de/battling-the-hydra/}, year = {2023} }
TY - JFULL ID - 2252639 AU - Křičková, Lenka - Fellerová Palkovská, Iva PY - 2023 TI - Battling the hydra in EU anti-discrimination law: ECJ judgment raises more questions about discrimination against self-employed workers JF - Verfassungsblog KW - discrimination KW - ECJ KW - sexual orientation KW - self-employment UR - https://verfassungsblog.de/battling-the-hydra/ N2 - 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. ER -
KŘIČKOVÁ, Lenka a Iva FELLEROVÁ PALKOVSKÁ. Battling the hydra in EU anti-discrimination law: ECJ judgment raises more questions about discrimination against self-employed workers. \textit{Verfassungsblog}. 2023. Dostupné z: https://dx.doi.org/10.17176/20230131-174523-0.
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