Board Gender Quotas in Germany and the EU: An Appropriate Way of Equalising Participation of Women and Men?

Authors

  • Raphael Koch DrJur (University of Münster), DrJurHabil (University of Münster), LLM (University of Cambridge); Professor of Law and Chair of Civil Law, Law of Civil Procedure, Corporate and Company Law, European Private Law and International Procedural Law at University of Augsburg.

DOI:

https://doi.org/10.21153/dlr2015vol20no1art494

Keywords:

Corporate Law. Corporate Governance, Corporate Boards, Board Gender Quotas, Constitutional Law

Abstract

The professional equalisation of men and women has become one of the most discussed topics in politics over the last years. As a solution to this problem many European countries have introduced regulations which ensure special quotas for women on the managing boards of companies. The main problem concerning such gender quotas is that the equalisation of men and women is primarily a sociopolitical objective which might result in a possible conflict with national and European constitutional law. Consequently, the current legal situation in Germany and the EU needs to be analysed critically. Therefore the different ways of incorporating gender quotas into the existing legal system must be compared with each other.

Author Biography

Raphael Koch, DrJur (University of Münster), DrJurHabil (University of Münster), LLM (University of Cambridge); Professor of Law and Chair of Civil Law, Law of Civil Procedure, Corporate and Company Law, European Private Law and International Procedural Law at University of Augsburg.

DrJur (University of Münster), DrJurHabil (University of Münster), LLM (University of Cambridge); Professor of Law and Chair of Civil Law, Law of Civil Procedure, Corporate and Company Law, European Private Law and International Procedural Law at University of Augsburg.

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Published

2015-09-18

Issue

Section

Articles