argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: E.U. - discrimination - sexual orientation

On 8 September 2022, in case C-356/21, the Advocate General concluded on a Polish case stating that sexual orientation cannot constitute a reason for refusing to enter into a contract with a self-employed worker as the E.U. protection it guarantees equal opportunities also on the “choice” of who stipulates the individual contract with the self-employed worker. Therefore, the decision not to renew the contract of a self-employed worker discriminated against because he is homosexual is illegitimate. This interpretation suggested by the Advocate General of the Cgue to the E.U. judges is based on the framework directive for equal treatment in the field of employment and working conditions and also applies to the protection of self-employed workers and specifically on the conditions of access to employment. The Advocate General adds that the freedom to choose a contracting party may legitimately be restricted in order to protect other important values ​​of a democratic society, such as equal treatment in employment and working conditions.