Organizers Challenge Demonstration Ban, Citing Brokdorf Decision
Organizers have swiftly filed a constitutional complaint with Germany's highest court, challenging a recent demonstration ban. This action follows a long history of assembly rights in Germany, notably shaped by the Brokdorf Decision of 1985.
Assembly rights in Germany are primarily governed by federal law, with no specific state laws in force. This has been the case since the Basic Law was established, and it continues to be so today. The right to assembly has been consistently developed and changed over the years, with a significant milestone occurring in the Brokdorf case.
In the late 1970s and early 1980s, thousands of people in Brokdorf, Schleswig-Holstein, protested against a planned nuclear power plant. The demonstrations often turned violent, leading to a demonstration ban imposed by the Higher Administrative Court in Lüneburg in 1981. However, the Brokdorf Decision of 1985 lifted this ban and strengthened the fundamental right to assembly. This decision, still applicable today, ruled that a dissolution or ban may only be ordered to protect equally valuable legal interests while adhering strictly to the principle of proportionality. It also emphasized the importance of the right to demonstrate for political will formation and the state's task of predominantly protecting peaceful assemblies.
The organizers' constitutional complaint challenges the recent demonstration ban, invoking the spirit of the Brokdorf Decision. This case underscores the ongoing relevance of this landmark decision in shaping assembly rights in Germany.
