Bavarian Assembly Act

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Basic data
Title: Bavarian Assembly Act
Short title: Assembly Act
Abbreviation: BayVersG
Type: State Law
Scope: Free State of Bavaria
Legal matter: Special administrative law
References : BayRS 2180-4-I
Issued on: July 22, 2008 ( GVBl. P. 421)
Entry into force on: October 1, 2008
Last change by: § 1 G of 23 November 2015
(GVBl. P. 410)
Please note the note on the applicable legal version.

The Bavarian Assembly Act (BayVersG) is a law that applies in the Free State of Bavaria and regulates the right of assembly there . It was first decided on July 22, 2008 and has been the subject of political controversy.

background

Until the federalism reform of 2006, the right of assembly was the subject of the Federal Government's competing legislative competence in accordance with the version of Art. 74 Paragraph 1 No. 3 of the Basic Law that was in effect at the time. The federalism reform, which came into force on September 1, 2006, brought about an extensive reorganization of legislative competencies, including a shift in the right of assembly to the competence of the states through the revision of Article 74, Paragraph 1, No. 3 of the Basic Law. At the same time, a new Article 125a, Paragraph 1 of the Basic Law was enacted as a transitional provision, according to which federal law that had been enacted on the basis of abolished federal competence initially continues to apply, but can be replaced by state law by the states. This gave the states the opportunity to replace the federal assembly law , which initially continued to apply in the states, with their own assembly laws.

controversy

Bavaria was the first federal state to make use of this option; the law passed on July 22, 2008 came into force on October 1 of this year. The law was controversial because of a number of restrictive provisions. It provided that the police could take "overview recordings" of meetings, evaluate them and, under certain circumstances, save them indefinitely. In addition, the organizer of a meeting had far-reaching information obligations towards the authorities that were independent of the type, scope or location of the meeting.

In September 2008 an alliance of thirteen organizations lodged a constitutional complaint with the Federal Constitutional Court against the law. In February 2009, following an urgent application , the Federal Constitutional Court suspended a number of provisions of the law. This led to an adjustment of the law by the Bavarian legislature. It came into force on June 1, 2010, but some opponents of the law believe that it does not go far enough. In the main, the constitutional complaint was not accepted for decision.

Individual evidence

  1. http://dejure.org/grundgesetz-synopse.php
  2. http://www.innenministerium.bayern.de/sicherheit/verfassungsschutz/extremismus/detail/16824 ( Memento from August 4, 2008 in the Internet Archive )
  3. Tutoring in Democracy. In: sueddeutsche.de. May 17, 2010, accessed August 26, 2018 .
  4. http://www.gruene-fraktion-bayern.de/cms/default/dok/249/249764.verfassungsbeschwerde_gegen_das_bayerisc.html ( Memento from March 10, 2009 in the Internet Archive )
  5. http://www.bundesverfassungsgericht.de/entscheidungen/rs20090217_1bvr249208.html
  6. Archive link ( Memento of the original from February 25, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.  @1@ 2Template: Webachiv / IABot / www.aktion-freiheitstattangst.org
  7. Archived copy ( memento of the original from June 3, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / bayernspd.de
  8. http://www.bundesverfassungsgericht.de/entscheidungen/rk20120321_1bvr249208.html

Web links