The question of “parallel jurisdiction“ of state and ecclesiastical labour courts in context of the provisions § 52 Rahmen-MAVO and § 51 MVG-EKD

Abstract

The employee representations laws of both, the Catholic and the Protestant Church have included provisions regarding the representation of the severely disabled. Since January 1, 2019 however § 51 section 1 MVG-EKD governs, that the duties and rights of someone acting as a person of trust for severely disabled employees are determined by §§ 177 to 179 SGB IX. This change might provoke a constellation of “parallel jurisdiction” of state and ecclesiastical courts. On 30 April 2014, the German Federal Labor Court had identified the existence of such a constellation in context of the Catholic Church, so that it seems to be a possible consideration for the Protestant Church as well. This further implies the question of whether the Catholic employee representation law should be amended as well. This article therefore does not only present the main arguments of the named decision by the German Federal Labor Court. It further compares the two ecclesiastical provisions that determine the manner in which the level of protection required by state law is respected. Additionally, this article puts the reasoning of the decision into context with the general issue of the relation between SGB IX and ecclesiastical provisions that concern the representation of severely disabled employees.