Student event 16 February – Meet Rosa: pleading (successfully!) in an LGBTQIA+ case before the CJEU as an early-career lawyer
Dive into the CJEU’s recent judgment in Case C-356/21 on non-discrimination from three unique perspectives on the 16 February at 17.00 hrs. Abogada Rosa Oyarzabal, Professor Christa Tobler, and Dr Olga Ceran will give you an insider’s view of the case in its legal and national context.
Dive into the CJEU’s recent judgment in Case C-356/21 on non-discrimination from three unique perspectives on the 16 February at 17.00 hrs. Abogada Rosa Oyarzabal, Professor Christa Tobler, and Dr Olga Ceran will give you an insider’s view of the case in its legal and national context.
Kindly register your interest in attending the event here.
After self-employed J.K. posted this video, which promotes tolerance towards same-sex couples, Poland’s national broadcaster TP S.A. refused to renew its contract with him. J.K.’s resulting lawsuit for damages prompted the Polish court to request a preliminary ruling.
Could TP S.A. rely on national legislation protecting freedom of contract against J.K.’s claim that refusal to conclude or renew a contract with a self-employed person based on their sexual orientation is a prohibited discrimination under EU law?
Our three speakers open the discussion with a presentation from their perspective on the case.
Dr Olga Ceran will briefly situate the case in its national context. She will provide an overview of Polish law on non-discrimination as well as a summary of the struggles for LGBTQIA+ rights, legally and politically, highlighting TP S.A.’s role as a national broadcaster contributing to a hostile climate.
Professor Christa Tobler will provide a (very brief) introduction into the EU's non-discrimination law outside the law of the internal market, including notably Directive 2000/78, which prohibits discrimination on the grounds of religion or belief, disability, age or sexual orientation in employment and occupation.
Abogada Rosa Oyarzabal, who pleaded Case C-356/21 before the Court of Justice, will provide her insider's perspective. Rosa will first walk us through the facts and legal issues of the case, the position of the different parties, and the approach taken by the Court. She will also explain the practicalities of handling such a case: how do you get staffed on it? how do you work on the observations? how do you prepare the pleading? how do you handle your own nerves…? From logistics to the emotional side of being involved in a high-profile preliminary reference, Rosa will share her experience with us.