Judgment_paragraph 34 · OP v Commune d'Ans (C-148/22)

34Directive 2000/78 establishes only a general framework for equal treatment in employment and occupation, which leaves a margin of discretion to the Member States and, as the case may be, to their infra-State bodies, allowing them to take account of their own specific context, having regard to the diversity of their approaches as to the place they intend to accord, within their respective systems, to religion and philosophical beliefs in the public sector. The margin of discretion thus afforded to the Member States and, where appropriate, to their infra-State bodies, in the absence of consensus at EU level, must, however, go hand in hand with supervision, by the national and EU judicature, consisting in determining whether the measures taken, depending on the case, at national, regional or local level were justified in principle and proportionate (see, to that effect, judgment of 15 July 2021, WABE and MH Müller Handel, C‑804/18 and C‑341/19, EU:C:2021:594, paragraphs 86 and 88 and the case-law cited).

OP v Commune d'Ans (C-148/22)

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