ABSTRACT

The chapter discusses the EU legal framework on non-discrimination law and its potential impact on the civil service and public employment within the Member States. Rather than conducting a one-to-one comparison focusing on the implementation, it analyses how the legal principles, as developed by the Court of Justice of the European Union, may require Member States to adjust their organisation and regulation of the public service and the degree of their discretion, focusing primarily on sex, age, and religious discrimination. In the chapter, German, Dutch, French, and British responses to specific cases are explored, to highlight how the national legal context and potentially competing constitutional principles can undermine or foster the impact of EU non-discrimination law.