Die Frauenzielgrößen des GgTFMF

„The women’s quota is the largest contribution to equal rights since the introduction of women’s suffrage”, Minister Maas commented on the introduction of the GgTFMF [German Act on Equal Participation of Women and Men in Leadership Positions in the Private and Public Sectors], which, in addition to the fixed quota of 30%, contains the obligation to set targets for increasing the proportion of women, particularly for the Supervisory Board and Board of Directors (so called flexible quota). If the self-imposed targets are not achieved, the companies must justify this.
The implementation of the flexible quota was largely left unregulated, resulting in legal problems that need to be solved. The legislator is also breaking new ground with this legislation: by waiving sanctions in the event of the target being missed, he is using a soft-law approach that is comparable to voluntary regulation.
The aim is to examine whether this is an effective and constitutionally permissible enforcement mechanism. Is its idea convincing in theory, and has it proven itself in practice?