Arbeitskämpfe zulasten der Allgemeinheit

In his thesis, the Author addresses the legal limits of industrial disputes in German case law. According to him, the recent privatisations in Germany ought to result in a different approach in the law of industrial disputes. He suggests that common criteria from European regulatory law (such as in the Telecommunications Act, General Railway Act, etc.) shall be applied. As for urgent and irreplaceable services, additional restrictions on strikes are advisable – not only because the constitution permits restrictions on the freedom of strikes, but because of the constitutional guarantees for public services. The Author further discusses alternative conflict resolution methods, such as a commission model known from German church law. In addition, he analyses if such solutions would be compliant with various sources of international law.