Fundamental rights and employment relationship, in light of a judgment of the Court of Justice of the European Union concerning religious freedom in the workplace

The purpose of this article is to discuss the scope of the horizontal effectiveness of fundamental rights or Drittwirkung in legal-labor relations. It places special emphasis on the necessary delimitation of these rights, according to the main characteristics of the employment relationship: steering power and the principle of labor good faith, applying this to the analysis of the exercise of the right to religious freedom. This article analyzes, particularly, a recent ruling by the Court of Justice of the European Union on “non-discrimination” for religious reasons inside the company.