ADVERTISING
 
Monday, March 25   Sign in or Register
 
Evangelical Focus
 
Flecha
 
ADVERTISING
 
 
FOLLOW US ON
  • Twitter
  • Facebook
  • Google +
  • Instagram
  • Soundcloud
 

Newsletter
Newsletter, sign up to receive all our News by email.
 
 

POLL
Bible literacy
How often do you read the Bible?







SEE MORE POLLS
 

 
TOP 10 MOST VIEWED



Germany
 

European Court of Justice limits employment policies of religious organisations

The sentence says churches can only demand confessional allegiance when the job profile made it “significant, legal and justified”. In Germany, churches and their affiliated institutions are the second largest employer.

SOURCES The Economist AUTHOR Evangelical Focus LUXEMBOURG 08 MAY 2018 14:35 h GMT+1
European Court of Justice.

In recent years, the European Court of Human Rights (ECHR) and the American Supreme Court have taken some decisions regarding the hiring of religious employees.



For example, in 2012 a teacher laid off from a school linked to a Lutheran church in Michigan (US) lost her dismissal case, on the grounds that she was technically a minister and her bosses were therefore exempt from equality laws.



In 2014, the ECHR vindicated the Spanish Catholic church after it effectively ended the teaching career of a priest who had married and joined a campaign against clerical celibacy rules.



 



DISCRIMINATION



However, a ruling by the European Court of Justice (ECJ), which adjudicates the law of the 28-state European Union, has ruled in the other direction.



A German woman who is an expert on human rights and equality, was offered no interview when she applied for a post with the Evangelisches Werk für Diakonie und Entwicklung (Evangelical Work for Social Workd and Development), which is a body associated with the Evangelical Church Germany (EKD), the mainline German Protestant German church.



The job involved writing a report on Germany’s compliance with a UN convention on racism. The candidate must belong to “a Protestant church, or of a church which is a member of the Arbeitsgemeinschaft Christlicher Kirchen in Deutschland”, the ad said.



Vera Egenberger considered that her application had been rejected because she did not belong to any denomination, so that she brought an action before and complained to her country’s Federal Labour Court, which turned to the ECJ for help.



Discrimination in employment on grounds of religion is regulated by EU law, in the form of Directive 2000/78 (which also bans discrimination on grounds of disability, age or sexual orientation in employment).



 



ECJ: “GERMAN LAW HAS GONE TOO FAR”



The ECJ said that “German law had gone too far by allowing such a wide scope for religious employers to determine for themselves whether a particular job could be reserved to those of a particular faith”.



It also pointed out that churches could only demand confessional allegiance when the job profile made it “significant, legal and justified”.



Religious organisations must show an “objectively verifiable existence of a direct link between the occupational requirement imposed by the employer and the activity concerned”, the ECJ explained.



“Such a link may follow either from the nature of the activity, for example where it involves taking part in the determination of the ethos of the church or organisation in question or contributing to its mission of proclamation, or else from the circumstances in which the activity is to be carried out”.



It added that German courts should do their best to abide both by national law and that of the EU, but if that proved impossible they should adhere to the latter.



 



CHURCHES ARE SECOND LARGEST EMPLOYER IN GERMANY



A court in Düsseldorf will now have to reconsider whether Egenberger has a claim to compensation.



The sentence will have a signal effect because the churches and their affiliated institutions are the second largest employer in Germany after the state. More than a million people are employed in this area.


 

 


0
COMMENTS

    If you want to comment, or

 



 
 
YOUR ARE AT: - - European Court of Justice limits employment policies of religious organisations
 
ADVERTISING
 
 
 
AUDIOS Audios
 
Julia Doxat-Purser: 25 years of EEA office in Brussels Julia Doxat-Purser: 25 years of EEA office in Brussels

An interview with the socio-political representative of the European Evangelical Alliance about how evangelical Christians work at the heart of the European Union.

 
Lars Dahle: Nominal Christianity, a mission field for the church Lars Dahle: Nominal Christianity, a mission field for the church

An interview with Lars Dahle, of the Steering Committee of the Lausanne Movement Global Consultation on Nominal Christianity held in Rome.

 
Testimony: Wildfires near Athens Testimony: Wildfires near Athens

Nico Spies, a Christian worker in Athens, gives details about the wildfires in Greece.

 
Arie de Pater: Refugees deserve a fair and efficient process Arie de Pater: Refugees deserve a fair and efficient process

The Brussels representative of the European Evangelical Alliance offers a Christian perspective on the crisis: “We can’t reduce people to just a number that needs to be controlled”.

 
Michael Ramsden: Communicating the Gospel in today’s societies Michael Ramsden: Communicating the Gospel in today’s societies

RZIM International Director Michael Ramsden responds to questions about the secularisation of Europe, the role of Christians in public leadership and the new ‘culture of victimism’.

 
Ruth Valerio: A lifestyle that cares about creation Ruth Valerio: A lifestyle that cares about creation

Are Christians called to make a difference in environmental care? What has creation care to do with "loving our neighbours"? An interview with the Global Advocacy and Influencing Director of Tearfund.

 
PICTURES Pictures
 
‘Small churches, big potential for transformation’ ‘Small churches, big potential for transformation’

Photos of the Spanish Evangelical Alliance’s annual gathering “Idea 2019”, in Murcia. Politicians and church leaders discussed about the role of minorities in society.

 
Bulgaria: Evangelicals ask government to protect religious minorities Bulgaria: Evangelicals ask government to protect religious minorities

Christians rallied in Sofia on November 18 to defend their rights. It is the second Sunday of peaceful demonstrations against a new religion draft law that could severely restrict religious freedom and rights of minority faith confessions.

 
Rallies in Bulgaria: “New bill on religion brings us back to Communism!” Rallies in Bulgaria: “New bill on religion brings us back to Communism!”

Bulgarian evangelicals protested peacefully on November 11 against a draft law which could severely restrict religious freedom of faith minorities. Churches rallied in Sofia and other cities after the Sunday worship services.

 
Photos: #WalkForFreedom Photos: #WalkForFreedom

Abolitionists marched through 400 cities in 51 countries. Pictures from Valencia (Spain), October 20.

 
Photos: Reaching people with disabilities Photos: Reaching people with disabilities

Seminars, an arts exhibition, discussion and testimonies. The European Disability Network met in Tallinn.

 
Photos: Hope for Europe Photos: Hope for Europe

Unity in Diversity is the theme of the conference. Representatives of Evangelical Alliances and many other church leaders gathered in Tallinn (Estonia).

 
VIDEO Video
 
Romania: God’s Word among Roma people Romania: God’s Word among Roma people

Gypsies are one of the largest ethnic minority groups in Romania. According to 2013 estimates, the Roma groups make up 10% of the country's population, accounting for about 1.5 million people.

 
Latin American leaders unite to fight against imposition of gender ideology Latin American leaders unite to fight against imposition of gender ideology

Christian leaders from all over Latin America are concerned about the progress of gender ideology agendas in the region. Many are joining together in public demonstrations and training events.

 
How do fake news spread? How do fake news spread?

Tony Watkins, Coordinator of the Lausanne Media Engagement Network.

 
Lindsay Brown: The encouraging advance of the gospel in Spain Lindsay Brown: The encouraging advance of the gospel in Spain

Church planting, the amount of books authored by Spanish evangelicals and the growth of the Christian student movement in the last decades, are some of the marks underlined by Lindsay Brown.

 
What do Christian communication and science communication have in common? What do Christian communication and science communication have in common?

“As Christians, we also try to communicate a detailed and often slightly technical message”, says Kay Carter, Director of Communications of Tyndale House (UK).

 
Church planting in Strasbourg Church planting in Strasbourg

A video on how evangelicals are planting churches in Strasbourg (France).

 
Christians, resilience and a post-Christian culture Christians, resilience and a post-Christian culture

Lindsay Brown: “The biblical pattern is not one of speed, but of steady sowing and gradual reaping in due course”.

 
 
Follow us on Soundcloud
Follow us on YouTube
 
 
WE RECOMMEND
 
PARTNERS
 

 
AEE
EVANGELICAL FOCUS belongs to Areópago Protestante, linked to the Spanish Evangelical Alliance (AEE). AEE is member of the European
Evangelical Alliance and World Evangelical Alliance.
 

Opinions expressed are those of their respective contributors and do not necessarily represent the views of Evangelical Focus.