On The Protection of the Right to Freedom of Religion in the Recent Case Law of the Court of Justice of the European Union

In the law of the European Union, the right to freedom of religion finds its legal basis in Article 10 of the Charter of Fundamental Rights. It could only be limited under certain conditions, listed in Article 52 of the Charter. Despite the apparent minimalism of this legal system, composed by a general rule and a rule governing the exception, the recent case law of the Court of Justice on the protection of the right to freedom of religion is featured by a certain incoherence. In particular, the standard used by the Court to admit possible limitations to the right concerned seems to vary. In some cases, Article 52 is strictly applied. In other cases, it is not even mentioned. This paper aims to illustrate the contradictions inherent in this recent case law.