17 December 2025
Justifiable Caution
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. Continue reading >>
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17 December 2025
In Good Faith
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. Continue reading >>
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06 November 2025
Winning by Losing
The FCC has handed down its long-awaited decision in the Egenberger case. The decision seems to be a confirmation of the strong protection of religious communities’ corporate religious freedom and right to self-determination. At the same time, however, the FCC incorporated the standards set out in EU anti-discrimination law and CJEU’ jurisprudence. The decision is thus turning the page on a decades-long legal debate. It meaningfully protects the right to religious self-determination, and at the same time it is sensitive to the freedom of religion of individuals and the prohibition of discrimination. Continue reading >>
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