Assembly Act 1953
| Basic data | |
|---|---|
| Title: | Assembly Act 1953 |
| Type: | Federal law |
| Scope: | Republic of Austria |
| Legal matter: | Administrative law |
| Reference: | Federal Law Gazette No. 98/1953 |
| Date of law: | 7th August 1953 |
| Effective date: | 7th August 1953 |
| Last change: | Federal Law Gazette I No. 63/2017 |
| Please note the note on the applicable legal version ! | |
The Assembly Act 1953 governs in Austria the holding of public meetings and gatherings generally accessible without limitation to invited guests. Meetings are permitted in accordance with this law. The constitutional basis for the Assembly Act is provided by Article 11 of the European Convention on Human Rights , which has constitutional status in Austria.
Definition of an assembly
The Assembly Act does not contain a definition of the term assembly . According to the established case law of the Constitutional Court, an assembly within the meaning of the Assembly Act is a “gathering of several people that is organized with the intention of bringing those present to work together, so that a certain association arises among those who come together”.
A gathering requires a minimum of three people and some interaction between the participants. The mere passing on of information (e.g. handing out brochures) to passers-by does not qualify as a meeting.
Types of gatherings
Popular assemblies and public assemblies
According to § 2, they must be reported in writing to the relevant competent authority, usually a district authority or the respective state police headquarters , with the purpose, place and time of the meeting at least 48 hours before they begin . If the participation of representatives of foreign states, international organizations and other subjects of international law is intended, this must also be done in accordance with Section 2 (1a). In this case, the meeting must be announced one week in advance.
They can take place in closed rooms or in the open air. A meeting in a pub with loudspeakers in the street is also considered to be taking place in the open air.
While the National Council , the Federal Council , the Federal Assembly or a Landtag is meeting, in accordance with Section 7, no meetings may take place in the open air within 300 meters of their seat (" ban mile "). Until the amendment in 1968, this zone was originally 38 kilometers.
Meetings that are limited to invited guests
Such meetings are exempt from the notification requirement. Only those persons are considered invited guests who are personally and individually invited by the organizer of the meeting.
Electoral meetings
According to § 4 , electoral assemblies are only excluded from the Assembly Act if they take place at the time of the advertised election and not in the open air.
Non-assemblies
- Public amusements
- Wedding procession, popular celebrations and elevators
- Funerals , processions, pilgrimages and
- other meetings and elevators in the traditional manner
are not considered an assembly. However, these events are in accordance with Road traffic regulations must be reported three days in advance, funerals 24 hours in advance.
Organizers, leaders and stewards of meetings
Foreigners may acc. § 8 neither act as organizer, nor as leader or steward at a meeting. Managers and stewards are obliged to ensure that the law and order are maintained and to immediately oppose illegal statements or actions. The leader is also obliged to dissolve the meeting if the orders are not followed.
Disguise prohibition
Section 9 pronounces a so-called ban on masking . The prohibition may not be enforced if there is no risk of endangering public safety and order. A violation can be punished with six weeks of arrest or a fine according to § 19. If a weapon is carried in the event of the offense, Section 19a provides for a prison sentence of up to six months, in the event of repetition of up to a year, or a fine.
Prohibition and dissolution of meetings
A meeting can acc. Section 6 (1) may be prohibited by the competent authority if this contravenes the criminal law or endangers public safety or public welfare. In accordance with Section 6 (2), an assembly that serves the political activity of third-country nationals and runs counter to recognized international legal principles and customs or obligations under international law, the fundamental democratic values or foreign policy interests of the Republic of Austria can also be prohibited.
The locally competent authority can acc. § 12 send a representative ( concept officer , also in uniform) to each meeting , who can dissolve the meeting if illegal events occur or if it assumes a character that threatens public order. If a meeting is dissolved, all those present are § 14 obliges to leave the place of assembly immediately and to part. If this is not obeyed, means of coercion, such as the police use of weapons , can be used. In the event of an urgent danger to public order and security, however, any authority that has to ensure maintenance is entitled to prohibit or dissolve an assembly that violates the law, of which the competent authority must be informed immediately.
Protection area
According to § 7a , the authority must define the area around a meeting that is necessary for its undisturbed holding as a protection zone. This protection zone may not exceed 150 m around a gathering. If no protection area is expressly specified, a protection zone of 50 m radius applies. Other gatherings are prohibited within the protection zone.
Criminal provisions
Violations of the Assembly Act are, if the StGB does not apply, according to. § 19 to be punished by the district administrative authority or the state police department with arrest for up to six weeks or with a fine of up to 720 euros. Sections 284 ("blowing up a meeting") and 285 ("preventing or disrupting a meeting") StGB constitute criminal offenses.
Amendment to the Assembly Act 2017
The Assembly Act was amended in 2017 on the initiative of the SPÖ and the ÖVP . Since that novella
- the registration deadline is 48 hours instead of 24 hours
- there is a registration period of one week for meetings in which the participation of representatives of foreign states, international organizations and other subjects of international law is intended,
- the authority must define a required protection area in the vicinity of the assembly,
- There is a new prohibition option created in Section 6 (2), so that assemblies which serve the political activities of third-country nationals and which run counter to recognized international legal principles and customs or obligations under international law, the fundamental democratic values or foreign policy interests of the Republic of Austria can now also be prohibited .
Much criticism was voiced about this amendment in the parliamentary review process. B. from Amnesty International , the critical law network or epicenter.works .
Web links
Individual evidence
- ^ Decision text - Constitutional Court
- ↑ 2063 / A (XXV.GP) - Assembly Act 1953, amendment. Retrieved September 29, 2017 .
- ↑ Amnesty International: 481 / SN XXV. GP opinion. Retrieved September 29, 2017 .
- ↑ Network of Critical Law: 503 / SN XXV. GP opinion. Retrieved September 29, 2017 .
- ↑ epicenter.works: 474 / SN XXV. GP opinion. Retrieved September 29, 2017 .
