Negative measure
A minus measure is a legal term that is used in different parts of administrative law . Areas of application are regulatory and police law , assembly law and restaurant law .
A negative measure represents a less serious intervention compared to the measure to which the administration has the authority according to the legal regulation in an interference norm if certain conditions are met. In the case of the right of assembly that is fixed by the police (a special right based on fundamental rights), it is the only option based on police law Norms to act at all. With the minus measure, the administration does not exercise its powers fully, but remains behind with a "minus" ( Latin "less"). This is necessary for reasons of proportionality or respect for fundamental rights if a more serious intervention is not possible or necessary to achieve the purpose pursued by the administration.
Negative measures are particularly common in assembly law. The dissolution of a public meeting or an elevator represents a fundamental rights-relevant and always encroaching measure. Only and only as a negative measure can police action come into play in view of the great importance of Art. 8 GG , since z. B. a dissolution would already be unconstitutional: For example, the seizure of banners, flags or the like or the request to carry combat boots in hand or to take them off, as a Article 8 GG still sufficiently respectful and u. U. appropriate negative action can be taken. Negative measures (seizure, injunction, request, etc.) can be a milder means of dissolution that is already unconstitutional.
