Freedom of assembly
Freedom of assembly describes a fundamental right . It is enforced by Art. 12 of the European Charter of Fundamental Rights (GRC), Art. 11 of the European Convention on Human Rights (ECHR) and nationally by Art. 8 of the German Basic Law (GG) , by Art. 12 of the Austrian Basic Law (StGG) and Art. 22 of the Federal constitution of the Swiss Confederation (BV) guaranteed.
Germany
Art. 8 GG guarantees the right of all Germans to assemble freely in private or in public. Art. 8 GG is of great practical importance in connection with public demonstrations . With these in particular, free assembly also serves at least to participate in the formation of public opinion. Therefore, Art. 8 GG is closely related to the basic communication rights of Art. 5 GG, in particular freedom of expression .
Freedom of assembly can be curtailed by conflicting constitutional law. Of particular practical importance here is the state obligation to protect the life and limb of its citizens, which follows from Article 2, Paragraph 2, Sentence 1 of the Basic Law. In accordance with Art. 8, Paragraph 2 of the Basic Law, meetings in the open air may continue to be restricted by or on the basis of law . This was essentially done through the assembly laws of the federal and some states.
Austria
The freedom of association and assembly is regulated in Art. 12 of the StGG :
Austrian citizens have the right to assemble and form associations. The exercise of these rights is regulated by special laws.
Due to Austria's accession to the European Convention on Human Rights and because of Art. 49 Para. 2 B-VG , Art. 11 of the ECHR is also to be applied as the legal basis by resolution of the National Council . The types of meetings as well as the provisions for holding and prohibiting them are specified in more detail in the Assembly Act.
The right of assembly is against third parties through § § 284 f. StGB protected.
Web links
Individual evidence
- ↑ Decision of the National Council, Federal Law Gazette No. 59/1964