54In adopting that provision, the EU legislature intended, in the area of employment and occupation, to prevent and adjudicate on a conflict between, on the one hand, the principle of equal treatment and, on the other hand, the need to ensure public order, security and health, the prevention of criminal offences and the protection of individual rights and freedoms, which are necessary for the functioning of a democratic society. The legislature decided that, in certain cases set out in Article 2(5) of Directive 2000/78, the principles established by the directive do not apply to measures incorporating differences in treatment on one of the grounds referred to in Article 1 of the directive, on condition, however, that those measures are ‘necessary’ for the attainment of the abovementioned objectives (judgment of 13 September 2011, Prigge and Others, C‑447/09, EU:C:2011:573, paragraph 55).
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