Legal Protection against Breaches of Duty on the Part of the German Works Council - A Fata Morgana?

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Although the works council enjoys far-reaching powers and the ability to exert tremendous influence, thus creating an indisputable danger of abuse of power, the employees and employers are scarcely protected from any breaches of duty it may commit. While the works council in Germany appears to have carte blanche to carry out its official duties, the powers of the unions in the United States of America have long since been limited by the duty of fair representation. In a state governed by the rule of lay, it must be possible to call anyone exercising power into account. Proceeding from this principle, the author develops a comprehensive system of legal protection on a civil law basis. Today, in light of the reform of the Works Constitution Act which was agreed upon in the German federal government’s coalition agreement, this work is of great topical interest and represents an important contribution to questions of legal policy.