End of the 2019: Around a thousand people block the for supply of the Neurath power plant needed North Sud Train. Image: Manuellopez.CH / CC-BY-SA-4.0
The black-yellow government of NRW introduces a meeting law, the organizer and leadership of demonstrations wants to take a strong liability
Fundamental rights for freedom of expression (type. 5 GG) and assembly freedom (type. 8 GG) of the Basic Law form the legal basis for demonstrations. Unlimited was determined in a meeting law, under what conditions opinions are uplowered and congratulated congratulations and demonstrations.
With the folderism reform of August 2006, the status of the reconciliation law went into the director of the landing. Some countries have already adopted their assembly laws, so Lower Saxony, Saxony-Anhalt, Bavaria and Schleswig-Holstein. In Berlin is also a law in the discussion.
The NRW government now wants her assembly law on the 30. 6. 2021 CLICK in the state parliament. Why the government sees himself 15 years after the reform to replace the continued tolerated federal law through a state law, one can only suspect. Anyway, it will not be easier to gather to demonstrations. The design is therefore also equal to criticism in initiatives, which already carried out protests and called for others (under the Hashtag #noversgnrw is currently being used to protest in social media).
Before calling for the defense of the current legal status, however, you should get this clarity.
Regulatory regulated: mine Gather
Political events and demonstrations are based on the above-mentioned constitutional items, which are celebrated by many as basic values. So it is called in Article 5 (1): "Everyone has the right to focus and distribute his mind, writing and image freely and to teach them from generally accessible sources unhindered." As well as in Article 8: "All Germans have the right to gather peacefully and without weapons without registration and permission."
With these constitutional items, it is clear from the outset that it is not a self-consumerity to freely absorb its views or meet with others to community and exchange, otherwise it did not need a right one that allows one. This means that community expenses as well as gatherings under state supervision, because nothing else means when people are awarded a right.
And so it is not surprising if it is called for article 8 right in the next sentence: "(2) For meetings in the open air, this right can be addressed by law or on the basis of a law." The same applies to freedom of expression: "(2) These rights find their barriers in the provisions of the general laws, the statutory provisions for the protection of youth and in the law of the personal honor." (Kind). 5 GG)
With these restrictions, the same is determined by law, such as opinion expendations or meetings are carried out at all. This is called: The so often celebrated fundamental rights that allegedly provide us as much freedom, are as a clear commitment in which ways are uplifted and evaporating events.
This was regulated until the folderalism reform nationwide and then went to the competence of the landing over. That may seem overflowed to the burger, from the state perspective, it is only consistent, as the police affair of the landing and the for assemblies instances often identical to the police keeps.
This competence mapping also makes it clear that the state sees its security interests or the public order at publicity in public or meetings of humans. No matter whether the burgers are demonstrating for something like climate protection or whether they are against the state of the state as in the pandemic, the state is always required as an order power.
He also ames that his actions in the form of laws and regulations – in which politicians never forget the reference to the common good – cause dissatisfaction in the burgerhood. Finally, the laws are limited or harmful to harms, which are expected to the interests of the revered burgers and burger – all for the benefit of Germany and its various success Balances.
Anyone who publicly speaks or turns along with others to succumb to his displeasure, is therefore suspected to face the current policy.
Or the state sees other rights and public order, which no distances tolerate. Pattern example: The G20 summit in Hamburg 2017, where the protest has been mercilessly nullified, so that the highness of the inviting nation in the circle of the most powerful stable links in the world could be put into a powerful. For this even four years later, Blobe participants of demonstrations or present in the focal points, which could be identified by photos or videos, will be legally pursued legal.
Formally, the fundamental rights refer to all public exercises or assemblies, including sports festivals or processions; In the laws of assembly, however, it becomes clear that it is about political opinion and events that experience a clear regulation in the laws of assembly. The right refers to both events in closed rooms as well as in the open air.
Whenever more than two burgers come together, the law intervenes. Events in the open air are registered with the resistances. The may initially appear as a contradiction to the Basic Law, which promises a recruitment right without permission. So Burger can also be spontaneously to come to an event or demonstration, but it has to be given a current occasion, otherwise it is a legislative.
The legislator requires registration because he also sees other public interests, and there is a cooperation bid of the organizers with the orders to ensure the ordered course of the event.
Already in the Basic Legal Law 8, in meetings under free skies refer to the fact that they have to be peaceful and without weapons. It is obviously amed that Burger had reason to occur, unfreachable and even armed.
Which should be emphasized with it and what the assembly laws are aligned, is not the warning against burger-war to play, but the notification that the Burger can thunder their displeasure opposed to state maws, but have to be foreseeable from everything that is based on or even prevention State maws aimsia. Every intention in this direction can already be considered violence, even if people want to put passively on the strain and want to block something. The definition is all about the state side.
Collections or demonstrations are considered part of public opinion forming to work in this thurfing the events. Any action beyond. To ensure that is state interest and even the organizers should participate. You will be taken to duty for this purpose. For this purpose, an organizer must first be found, justucing initiatives to call events and demonstrations without signing up this formally.
Also, there should be a head of the event as a contact person for the police, through which the peaceful course of the event should be secured and the possibly also has to announce the resolution.
By registering, the assembly documents can also provide the event with conditions or even pronounce prohibitions if the peaceful course does not appear secured. Everybody violates the conditions of the law or the ordinals is sanctioned with penalties or ordinals. By registering, it is also ensured that the police is prusser in time and the event can be observed.