Unionsrechtliche Justizgewährung und die kirchliche Gerichtsbarkeit

When it comes to the judicial control of decisions by ecclesiastical courts on internal matters of a church, German state courts have demonstrated much restraint, based on German constitutional law protecting religious communities. Within the scope of EU law, the recent ECJ decisions „IR“ and „Egenberger“ challenge these restrictions of the right to an effective judicial remedy (Art. 47 CFR). The author examines the scope of the latter regarding the ecclesiastical courts, taking into acount the provisions in Art. 17 TFEU and Art. 10 CFR, as well as the ECtHR jurisprudence concerning Art. 9 ECHR.