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.