10 Art. 9 GG: Freedom of Association

Abstract

This chapter deals with freedom of association which is guaranteed by Art. 9 of the Grundgesetz (GG). It first reviews the Federal Constitutional Court's decision concerning the constitutionality of the Codetermination Law of 1976, which expanded the rights of employees to jointly participate in corporate decision making. It then examines the Court's jurisprudence regarding the scope of protection for freedom of association, including the freedom to form income tax assistance associations. It also tackles the question of interference with the right of freedom of association, along with the constitutional justification of such interferences. Finally, it analyses the scope of protection for the fundamental right to form labour groups and employers' associations — or coalitions — to safeguard and improve working and economic conditions, focussing on cases relating to replacement of striking workers and wage-replacement payments in labour disputes.