Participation of trade unions in corporate codetermination: Legitimisation, economic impacts and legal protection

Abstract

Corporate codetermination is one of the most controversial parts of labour law. This applies, in particular, to the participation of trade unions, which is notably permitted in Germany and Sweden. This article examines the legitimisation and economic impacts of union participation. Special attention will be given to the recent decision of the ECJ concerning the legal protection of trade union involvement in the course of a transformation into a European company (SE). The general aim of this article is to bring the various interests into appropriate balance.