Geschlechtergerechtigkeit erfordert mehr! Anmerkungen zur starren Geschlechterquote für Aufsichtsräte

There have been numerous reports in the media on the pros and cons of introducing a women’s quota for supervisory boards. The debate is concentrated primarily on issues of gender equality. A more differentiated look at what the consequences would be of the draft bill on a women’s quota in supervisory boards which is now on the table, including its effect on company practices, is largely missing. It is also rarely reported how practicable the envisaged election procedure would be for the allocation of supervisory board seats. Against this background this contribution provides an overview of how many companies will be affected by the planned draft bill and indicates its consequences for the composition of the supervisory board among employee and shareholder representatives. In a legal evaluation of the draft bill its weaknesses in relation to company practice are pointed out, as well as the dangers that might attend its implementation. The comments on and detailed description of important modifications to the draft bill are intended to promote objectivity and to draw companies’ attention to the ongoing debate.