Church labour law is of eminent practical importance in Germany. Approximately 1.5 million employees work in church service. The Constitution expressly protects the right of "religious societies" to regulate and administer "their affairs" independently. On the basis of this right, churches have created their own rules, which modify the general labour law to suit the particular characteristics of church service. This includes the special "religious belief protection" of church labour law, mechanisms for personnel recruitment, and, in particular, sanctions for violations of church principles. Up to now the case law of the Federal Constitutional Court has respected and defended the special features of church labour law and has given high priority to the churches' own self-understanding. By contrast, the European Court of Justice, in two decisions given in 2018, has questioned the principles of the German system, ruling that, on the one hand, European anti-discrimination legislation should apply more strictly to church service, and on the other, that the courts should exercise more rigorous control over actions taken by churches.
