22 December 2025
Egenberger
The Egenberger decision is not only about church labour law, but touches on fundamental issues of national and European constitutional law. By integrating the requirements of EU law while maintaining domestic specificities, the decision provides a valuable example of how to manage different layers of fundamental rights. Nevertheless, the Egenberger decision carries an element of surprise. The FCC performed a Solange test, elaborating on the question of whether the relevant European standard falls short of the minimum standard required under German law and therefore justifies an exception to the primacy of EU law. Continue reading >>
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21 December 2025
Article 17 TFEU as a Gateway to National Sovereignty Creep
The jurisprudence of the CJEU on Article 17 TFEU and the EU’s duty to respect the status of churches and religions under national law has changed significantly over time. Early case law reflected a narrow interpretation of Article 17 TFEU, emphasizing strong protection of religious freedom. More recent decisions demonstrate a broader reading which goes hand in hand with a wide margin of appreciation. With the latter, the CJEU effectively adopts a low level of scrutiny, thereby stepping back and giving way to the vindications of national sovereignty. 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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16 October 2025
Accent on the Language of Instruction
Language of instruction in European higher education is increasingly contested. Once tied mainly to minority language protection, language policies now shape debates on internationalisation and the spread of English-language teaching. Yet their implications for academic freedom as a legal right remain understudied. This post aims to explore what interpretative guidance on language of instruction can be drawn from other legal systems and how it could inform future interpretations of Article 13 CFR’s linguistic dimension. Continue reading >>
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07 August 2025
Game, Set, Review
The long-standing tension between private sports arbitration and the EU’s system of fundamental rights came to a head on 1 August 2025, when the Court of Justice of the European Union delivered its judgment in RFC Seraing v. FIFA. The case addresses whether arbitral awards rendered by the Court of Arbitration for Sport can be insulated from review by EU national courts when EU law is at stake. The judgment represents a restrained but meaningful intervention by the CJEU into the autonomy of sports arbitration, seeking to balance the authority of CAS with the imperative of protective fundamentals rights under EU law. Continue reading >>03 July 2025
Rights for Non-Humans in EU Law
The recognition of animals and nature as potential rights holders has long been a controversial proposition within European legal discourse. However, we believe that the EU legal order is more hospitable to such recognition than one might expect. In a recent article, we argued for a rights-based reinterpretation of EU animal welfare and environmental protection laws. EU constitutional and secondary laws can be construed as entailing legal rights for non-human entities – even if these rights are not explicit the texts. We consider how the EU Charter of Fundamental Rights and other EU legal acts may support a post-anthropocentric vision of Union law. Continue reading >>
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02 July 2025
Animals and the EU Charter
The EU Charter of Fundamental Rights remains silent on animal rights, even as a growing number of constitutions worldwide now explicitly protect animals. While the EU already recognises animals as sentient beings under Article 13 TFEU, this recognition has yet to translate into meaningful constitutional safeguards. Embedding animal welfare into the Charter would align the Union with global developments and help move its integration project beyond an overly anthropocentric model. Continue reading >>
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02 July 2025
A Wolf’s Right to the Surface of the Earth
The European Union recently changed the legal status of the wolf from “strictly protected” to “protected”. In this contribution, I advocate a different response to the problem that wolves prey on animals kept by humans: the further development of the European ecological network called Natura 2000. The premise of my argument, based on animal rights theory and Kant’s philosophy of law, is that wolves have the right to be on Earth. In the past, humans have tried to eradicate wolves, which is a clear violation of this right. I argue that this historical injustice generates the duty to restore the habitats and natural infrastructure used by wolves. Continue reading >>
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01 July 2025
A Child’s Right to Non-Anthropocentric Education
The European Charter on Fundamental Human Rights is not concerned about animal rights. Although the Charter is silent about animals, it is possible to connect certain human rights it enshrines to animals in a manner that can foment animal rights. The protection of a healthy environment in Article 37 is an obvious choice. A lesser theorized human right in the Charter similarly has considerable potential to benefit animals: the right to education under Article 14. Continue reading >>
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