Strafbefreiende Wirkung der "neuen" Arbeitskampffreiheit?

As the working environment has changed, labour disputes have also taken on new forms. A strike has long since ceased to be the only permissible means of industrial action. But how does criminal law relate to modern means of industrial action which curtail the rights of an employer more than a strike? Does criminal law contain a limit to the right to strike according to art. 9, para 3 of the German constitution? To answer this question, Blume first examines the evolution of the right to choose the means of industrial action, and then discusses the relationship between fundamental rights and criminal laws in general. On the basis of the results of the general part, Blume then presents the extent of criminal liability for various industrial action measures, such as a flash mob, a blockade and a DDoS attack. Her analysis shows that criminal law does not limit the right to industrial action, but that labour dispute law does influence the interpretation and application of penal laws.