Winning by Losing
Year: 2025
Type: preprint
Abstract: Up to now, religious communities in Germany could require religious affiliation for almost all kinds of employment. Following the CJEU’s intervention, the FCC in November 2025 changed this decades-long practice and thus accorded greater constitutional weight to equality and non-discrimination vis-à-vis religious self-determination. Yet it did more than that: it also reinforced the protection of religious freedom itself. Finally, the decision affirmed the supremacy of EU law in times of fundamental challenges to the transnational rule of law. Egenberger thus constitutes a substantial, well-justified, fundamental-rights-friendly, and welcome shift.
Author: Matthias Mahlmann
Institution: University of Zurich
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
OpenAlex ID: W7116674152
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