La cogestion dans l'administration allemande
By: BATTIS, Ulrich.
Material type: ArticlePublisher: Paris : IIAP, oct./déc. 1996Revue Française D'Administration Publique 80, p. 645-652Abstract: The rules which apply to co-management in German administration vary according to the status of the employer: the rules governing business apply to persons regulated by private law, those governing the representation of personnel apply to public law bodies. Co-management implies the participation of private interests in order to promote the public interests. Laws - both federal and regional - about the representation of personnel govern the co-management regime. Constitutional control over regional laws has led to the formulation of two questions. Do the laws respond to the demands of efficient administration? Do the measures concerning co-management respond to the demands of democratic legitimacy?The rules which apply to co-management in German administration vary according to the status of the employer: the rules governing business apply to persons regulated by private law, those governing the representation of personnel apply to public law bodies. Co-management implies the participation of private interests in order to promote the public interests. Laws - both federal and regional - about the representation of personnel govern the co-management regime. Constitutional control over regional laws has led to the formulation of two questions. Do the laws respond to the demands of efficient administration? Do the measures concerning co-management respond to the demands of democratic legitimacy?
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