Koalitionsfreiheit und Gefangenenarbeit

Can a prisoners’ trade union invoke freedom of association? This study provides the first comprehensive answer to this question, raised by the Federal Constitutional Court in 2015, and sets out its implications for penal practice. Grounded in doctrinal analysis and enriched by perspectives from legal philosophy and empirical research, the study demonstrates that working prisoners are protected under Article 9(3) of the Basic Law, despite not having employee status. They can form or join trade unions and, under certain conditions, go on strike. For the first time, this study systematically links penal law with individual and collective labour law, thereby raising fundamental questions about its purpose and scope of protection.