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.