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Contents: 1. The field of application of the Nice Charter: does the 2021 KO judgment reopens the question? 2. Continued. The possible interferences with the relevant Italian constitutional case law. 3. The notion of the worker in anti-discrimination law: the “told” and “untold” of the 2023 JK judgment.
1. The field of application of the Nice Charter: does the 2021 KO judgment reopens the question?
Two relatively recent judgements of the Court of Justice allow dealing with the evergreen topic of social rights and especially their effectiveness, which depends first and foremost on the applicability of the sources that contain them. This is why, at the supranational level and not only, as will become evident shortly, the question of the scope of application of the Charter of Fundamental Rights is decisive. In this regard, a judgment of the Court of Justice of 17 March 2021, KO, C-652/19, seems to undermine the certainties reached up to that point since, after recalling that “the provisions of the Charter apply, under Article 51(1) thereof, to the Member States only when they are implementing Union law. Article 6(1) TEU and Article 51(2) of the Charter make it clear that the Charter does not extend the field of application of Union law beyond the powers of the European Union and does not establish any new power or task for the European Union, or modify powers and tasks as defined in the Treaties….