German Labor Court Association

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German Labor Court Association
(DArbGV)
legal form non-profit registered association
founding 1893
Seat Hamburg , Germany
main emphasis Employment Law
Chair Helmut Nause (President), Ulrich Preis (Vice President)
Managing directors Matthias Jacobs , Birgit Voßkühler
Members 3800
Website www.arbeitsgerichtsverband.de

The German Labor Court Association e. V. ( DArbGV ) is a non-profit association based in Hamburg (office and president) and Cologne (entry in the register of associations).

About the association

The German Labor Court Association is an association that aims to promote not only labor justice, but also all labor law. Not only officials of the German labor courts can belong to it, but rather all persons who want to support the above goals.

Today members from all professional groups involved in labor law are organized in the DArbGV. The association currently has around 3,800 members. In particular, this includes: The Federal Republic of Germany, federal and state ministries of justice, labor and state labor courts, civil servants and employees of the public service dealing with labor law, full-time and honorary labor judges, representatives of the legal profession dealing with labor law as well as representatives of labor law. There are also numerous trade unions and employers' associations.

Accordingly, the association only rarely takes a stand on current political events, but sees itself as a platform for discussion with the aim of maintaining and further developing labor law and labor jurisdiction. The purpose of the association is to be achieved by connecting the courts for labor matters, practice and teaching of labor law through an ongoing exchange of ideas and experiences. For this purpose, there are alternating state conferences on various labor law topics in all federal states. In these the topics are discussed and discussed from different perspectives. In addition to two annual state conferences, local groups of the association organize around 20 local conferences every year.

history

The German Labor Court Association was founded in 1893 under the name of the Trade and Merchant Court Association. As a result of self-dissolution - initially in Mainz in 1933 and subsequently also in Goslar in 1936 - it was taken over by the German Labor Front . The association was newly founded in Cologne in 1949 and has existed since then under the name of the German Labor Court Association (DArbGV).

The re-establishment of the association was initiated by the founding president Hans Carl Nipperdey during the meeting of the presidents and chairmen of the two supreme labor courts in Württemberg-Hohenzollern and Rhineland-Palatinate and the state labor courts on October 6th and 7th, 1949 in Neustadt adH (today Neustadt / Weinstrasse), at which, in addition to Nipperdey, other representatives from science, lawyers and specialist publishers were also present.

It was also Nipperdey who called the founding meeting on December 15, 1949 in the Senate Hall of the University of Cologne . 9 people took part in this:

  • Lord Mayor ret. D. Brisch from the DGB
  • Lawyer Bulla
  • Dietz , University of Kiel
  • Ministerialrat Kassmann, Ministry of Labor, Düsseldorf
  • District judge Kraegeloh
  • President Monjau
  • Hans Carl Nipperdey
  • Labor Court Director Poelmann
  • District Court Judge Steffen, Ministry of Labor, Düsseldorf

The statutes adopted in 1949 remain largely unchanged to this day. Among other things, it stipulated that the DArbGV should have two organs to be elected by the general assembly: the executive board and the association committee. The executive board traditionally consists of one representative from each of the social partners, one representative from labor law, department head III of the Federal Ministry of Labor and Social Affairs, and one representative from each labor court instance. The association committee has also been made up of representatives from all professional groups involved in labor law since the beginning and meets twice a year to discuss current labor law developments and to issue statements on behalf of the association and to participate in further developments.

The DArbGV grew rapidly and soon had more than 2,000 members. Corporate membership was introduced for associations and unions, which made it possible for them to become members as legal persons, thus avoiding the large number of individual memberships of the millions of people and companies organized in them.

The association held its first conference in Cologne as early as February 2, 1950. There was unanimous agreement that the only three-year term of office of the judges of the labor jurisdiction according to Art. VII KRG No. 21 was not compatible with judicial independence. The Federal Minister of Justice expressly agreed to this in his answer on February 24, 1950. The association, which actually sees itself primarily as a discussion platform, also influenced the further development of labor law for the first time.

In the following years, the DArbGV regularly and almost the only provider organized labor law conferences throughout Germany. Together with the meetings of the association committee, these were a platform for exchange across professional boundaries and provided the opportunity to discuss urgent questions of legal standardization with all parties involved and thus to deliver qualified results. The legislature recognized this and so, at the instigation of the head of Department III of the BMAS Prof. Herschel, the association was very closely involved in the deliberations on the Works Constitution Act and the new Labor Court Act.

The first crisis was not long in coming either. Under the Labor Court Act of 1926, lawyers were excluded from litigation in the first labor court instance. Legal representation was reserved for the social partners who did not want to give up this privilege. The legal profession, on the other hand, pushed to be re-admitted. After violent disputes that almost led to the break in the association and thus to its end, an agreement was reached on the unwritten rule of discussing explosive issues but never voting on them. Since then, and to this day, the goal has been to always find solutions to problems in a cooperative manner in the discussion and never in a confrontational manner. Accordingly, statements by the DArbGV on controversial issues are very rare.

Over the years, the association meetings, which initially take place every two years, have been reduced to a three-year rhythm. At the same time, the state meetings, which take place alternately in the federal states, but attract participants from all over Germany. As a third format, the first on-site conferences were soon founded, mostly limited to one evening and more aimed at a regional audience.

Discussions and results of the meetings were published in the association's journal, which was replaced by an electronic newsletter in 2014.

Today the association has a digitized office for communication with the members as well as a homepage. The number of conferences is currently around 22 per year. The participants in the conferences still come from all interest groups, so that a considerable number of non-lawyers are regularly present, along with company representatives and works councils. The speakers at the conferences are not exclusively lawyers. Today the DArbGV is the largest provider of non-commercial labor law conferences in German-speaking countries.

President of the German Labor Court Association since it was founded in 1949

The president elected by the association committee stands at the top of the DArbGV. Presidents since the re-establishment were:

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