Vereinbarungen über Mitbestimmungsfragen im Konzern

The German legal discussion increasingly focuses on co-determination law. Particularly, the benefits and disadvantages of different systems of co-determination are assessed. In this context, the level of co-determination in Germany is considered unique in Europe. This necessitates an urgent review with regard to European conformity. Hence, this thesis proposes a way to develop a future co-determination regime for Germany: German co-determination law should be open to an option for concluding an agreement regarding the participation of the employees in a corporate group. To comply with the boundaries of German corporate law, the content of the agreement shall be limited to certain subjects and some necessary framework conditions shall be determined (e.g. rules for negotiating and executing). If the German legislator acts according to the principles demonstrated in this study this option will be able to develop an improved co-determination and to implement it successfully in German law.