Department Head Must Clarify Jurisdiction in Co-determination Matters
The jurisdiction for clarifying co-determination disputes lies exclusively with the head of the Federal Court of Justice department and cannot be delegated. Furthermore, the BVerwG found prior practices regarding the expanded works council's decisions unlawful. The BGH President must directly consult the expanded works council on common matters affecting both staff groups.
Regarding the latest legal developments concerning co-determination issues, a clear, albeit restrictive, picture of responsibilities is emerging. The authority for clarifying jurisdiction in disputes over co-determination lies clearly with the head of the department of the Federal Court of Justice. This point is central: This decision cannot be delegated to the respective offices. This finding was recently confirmed by the Federal Administrative Court (BVerwG). The court ruled that previous practices, which had allowed various bodies to decide on the decisions of the expanded works council, were unlawful. This determination marks a significant shift in the exercise of such jurisdictions. Furthermore, the proceedings emphasize the necessity of direct involvement. Specifically, the President of the Federal Court of Justice (BGH) must directly obtain the consent of the expanded works council when common matters exist. An issue affecting both the judges and the non-judicial staff qualifies as a "common matter." In summary, the review of jurisdiction remains solely the responsibility of the department head.