Religious Freedom in the EU: The Jurisprudence of the European Court of Justice in Light of Diverging National Case Law

Abstract

The thesis evaluates the jurisprudence of the ECJ on religious freedom (inter alia Egenberger, Achbita & Bougnaoui) from the perspective of the constitutional order of the EU and the relationship between the ECJ and national constitutional courts. The assessment of the ECJ's jurisprudence is firstly based on the supremacy locks, thus ultra vires, fundamental rights and the national constitutional identity and secondly on three selected supremacy theories (Constitutional Pluralism, Multilevel Constitutionalism and Composite Constitutionalism).