Legal Aspects of Gender Balance on Corporate Boards in Germany

Publication: White Paper No. 2
Topic Area: Corporate Finance
Authors: Katja Langenbucher
Date: Mar 2013
Keywords: German corporate governance codex, gender equality, German constitutional law

The German corporate governance code includes a recommendation as to diversity on corporate boards. Two draft bills on gender quotas are currently under way in legislative proceedings. However, the ruling coalition rejects those, advocating a “flexible quota”. The present study provides an overview on legislative proposals currently presented and on academic scholarship on the issue. Legal obstacles to the introduction of a “fix” quota under German law are discussed and the “soft” version of “flexible” quotas is advocated.

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