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DOI: 10.33226/0032-6186.2026.5.9
JEL: K31

Autonomy of Religious Organizations and the Prohibition of Discrimination in Employment in the EU – Katholische Schwangerschaftsberatung (C-258/24)

On 17 March 2026, the Court of Justice of the Europe­an Union, in its judgment in case C-258/24 Katholische Schwangerschaftsberatung, held that a religious organiza­tion may not terminate an employment relationship with an employee solely because they have left the Catholic Church, if at the same time it permits the employment of non-Catholics to perform identical duties. The judgment was delivered against the backdrop of a long-standing in­terpretative dispute between the Court of Justice of the European Union and the Federal Constitutional Court of Germany concerning the balancing of conflicting con­stitutional values: on the one hand, employees’ right not to be discriminated against on the grounds of religion or belief, and on the other hand, the right of churches and religious organizations to self-determination, in particu­lar with regard to defining ethical principles and shaping employees’ duties of loyalty.

Keywords: Directive 2000/78/EC; equal treatment in employment and occupation; occupational activities carried out in churches or other organizations the ethos of which is based on religion or belief; occupational requirements; acting in good faith and with loyalty to the ethos of the church or organization; difference of treatment on grounds of religion or belief

References

Bibliografia/References

 

Geiger, S., & Kramer, J. (2026, March 31). Selectivity of religious ethos on trial: Towards a tiered system of duties of loyalty in church employment law. Verfassungsblog.

Heinig, H. M. (2020, May 19). Why Egenberger could be next. Verfassungsblog.

Mahlmann, M. (2025, November 6). Winning by losing: The Egenberger decision and the reconfiguration of religious freedom in Germany. Verfassungsblog.

Unruh, P. (2020). Is German Religionsverfassungsrecht under threat from the European Union? Oxford Journal of Law and Religion, 9(1), 1–18.

Van den Brink, M. (2022). When can religious employers discriminate? The scope of the religious ethos exemption in EU law. European Law Open, 1(1), 89–112. https://doi.org/10.1017/elo.2022.7

Van den Brink, M. (2026, March 27). On a collision course with the German Constitutional Court? Katholische Schwangerschaftsberatung (C-258/24). EU Law Live.

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