Consent Replacement Procedure

from Wikipedia, the free encyclopedia

Consent replacement procedures are (judicial) procedures to replace a refused consent with the consent of a higher authority in cases in which a legal act requires prior consent to be effective.

There can be consent replacement procedures in a wide variety of areas of law.

In the works constitution law of the Federal Republic of Germany there is for example

  • the consent replacement procedure in accordance with Section 99 (4) BetrVG ( consent replacement procedure (Section 99 (4) BetrVG) ) for individual personnel measures;
  • the consent replacement procedure according to § 103 Abs. 2 BetrVG for the extraordinary termination of u. a. Works council members or their transfer.