![]() This may be the case, for example, when the German Bundestag is in summer recess and no sessions are taking place.Īpplying for an assembly in a pacified district is more difficult than elsewhere. However, there may be exceptions in certain cases, namely if it can be assumed that the assembly will not restrict the work of the affected institution. This is justified by the need to ensure the working and functional capacity of these organs. In these areas, open-air assemblies are generally prohibited. And what exactly is a "pacified district"?Ī "pacified district" (“Befriedeter Bezirk”) is proclaimed around the three constitutional bodies in Germany - the German Bundestag, Bundesrat and the Federal Constitutional Court - as well as around the state parliaments in the individual federal states. This means, for example, that the fact that it can be assumed that there will be violent counter-demonstrations at a demonstration is not reason enough to refuse permission for it from the start. However, concerns about such confrontations must not influence whether the demonstration is allowed to take place. ![]() Often there are also violent confrontations. What does this mean in practice? When, for example, a right-wing group announces a demonstration, left-wing counter-demonstrations usually take place at the same time. A demonstration for more renewable energy should not be banned because the government is planning new nuclear power plants.įreedom of assembly must also be promoted by the legislature by allowing the right to peaceful assembly to be exercised in a non-discriminatory manner. The German state is obliged to guarantee freedom of assembly, regardless of the views expressed by the participants. What are the duties of the state with regard to freedom of assembly? The court then decides whether the ban was lawful or whether the assembly may take place. If a meeting is banned in advance, the organisers can go to court. The right to hold an assembly does not apply if it aims to promote a party that has been declared unconstitutional. something that is also punishable outside of assemblies. This can happen, for example, if a right-wing extremist group carries flags with swastikas (a symbol banned in Germany), i. ![]() The latter means that a person could be banned from speaking or from carrying flags. Such conditions can relate either to the conduct of the event, such as the aforementioned route that a demonstration is to take, or to the content. However, both options should always be the last resort and may only come into play if regulations for the specific assembly are not being followed. If there is a danger to public safety or order, a gathering can either be broken up by the police or prohibited in advance. those where people come together unplanned and without an organiser. This rule does not apply to so-called spontaneous gatherings, i.e. In addition, there may be certain requirements that an open-air assembly must observe, such as having to follow the instructions of the police regarding the route of a demonstration march. This is mainly for practical reasons, as road traffic may need to be diverted for a demonstration marching through a city centre or to ensure that security can be guaranteed. Generally, this must be done at the appropriate assembly authority (Versammlungsbehörde) no later than 48 hours prior to the public announcement. But what does this mean, or why might this be necessary? The law may require that such events be registered. What are legitimate restrictions?Īs described above, "open-air" assemblies can be restricted. Some federal states (for example Bavaria and Lower Saxony) have their own Landesversammlungsgesetz ('state assembly law'), others follow the federal law. In addition to Article 8 GG, there is also a law on assemblies which prescribes certain regulations regarding the right of assembly. Paragraph 2 restricts this somewhat, because open-air assemblies can be restricted by and on the basis of a law. Paragraph 1 states that all Germans have the right to assemble peacefully and without weapons without registration or permission. What does the German Constitution say about freedom of assembly?Īrticle 8 of the German Grundgesetz guarantees the freedom of assembly.
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