Headscarf bans in the public workplace before the Court of Justice: OP v. Commune d’Ans or the Art of Ambiguity

Abstract

OP v Commune d'Ans, handed down on 28 November 2023, is the fifth judgment issued by the Court of Justice of the European Union on a ban on the wearing of religious symbols in employment, but the first to concern a public workplace. This article argues that the judgment does not help clarify the issue. It is ambiguous and provides only vague guidance to national courts. Two aspects of its reasoning are particularly puzzling: firstly, the absence of any discussion on the very meaning and implications of the neutrality of the public service; and secondly, the recognition of a margin of discretion not only for states but also for sub-state entities, such as municipalities, in determining the concrete content of that principle.