Religious Neutrality at Europe’s Highest Courts: Shifting Strategies

Abstract

Abstract This article demonstrates that recent manifestations of religious neutrality in the case-law of Europe’s highest courts amount to ‘shifting strategies’, which prompt systematic and excessive judicial restraint from European supranational courts. It argues that these shifting strategies end up (wrongly) framing the visibility of religion as the problem to be solved. It suggests an alternative approach, under which neutrality would only have a derivative and conditional value, to be established and assessed by European courts. The role of European courts would then no longer be to display (allegedly neutral) judicial restraint but to provide a democratic forum in which equality and liberty interests may be constantly confronted and revisited as new contestations emerge.