Arbeitskampf um Wirtschaftsbedingungen

Is it permissible to strike over sustainability, site retention or investment? To answer this question, the study examines the substantive scope of protection of freedom of association and related issues rooted in the Basic Law (GG) and the Collective Agreements Act (TVG).

While scholars broadly agree that historical interpretation is particularly important here, the study reveals that a historical reading shaped by former Federal Labour Court President Nipperdey continues to mislead legal scholarship. Drawing on previously overlooked sources, it reconstructs the origins of Art. 9(3) GG, examines the development of collective bargaining law and practice, and ventures a new justification for collective bargaining autonomy.

This title is also available as Open Access.