Ronan McCrea
Religion in the workplace brings together two areas of law in which the CJEU has taken markedly different approaches. This has left the Court torn between following its assertive approach in relation to discrimination in the workplace and its deferential approach in relation to religion’s role in society. This sets wide but meaningful boundaries on Member State autonomy regarding religion’s place in their societies. While this caution has been heavily criticised, in the context of the rapid and unprecedented religious change in Europe, it is the most prudent and politically sustainable approach for the time being.
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Jakob Gašperin Wischhoff, Till Stadtbäumer
Debates over the role of religion in contemporary European constitutional orders have increasingly shifted from the national to the European level, placing EU law and the jurisprudence of the Court of Justice under sharper scrutiny. In our view, despite imperfections in the CJEU’s case law, the external and differentiated role of the Court and of EU law can challenge claims of self-referential sufficiency. EU law provides a mirror and necessitates a dialogue in which these convictions are tested and, where necessary, redefined.
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