9 Art. 8 GG: Freedom of Assembly

Abstract

This chapter discusses the provisions of Art. 8 of the Grundgesetz (GG) with regard to the fundamental right of freedom of assembly. It begins by reviewing the Federal Constitutional Court's first landmark decision on freedom of assembly in 1985, in which it emphasised the importance of the process of political will formation and the right of citizens to free assembly through demonstrations, noting that ‘the unhindered exercise of this freedom counteracts the consciousness of political powerlessness and dangerous tendencies of disgruntlement with the state and its institutions’. The chapter also examines the Court's jurisprudence concerning the scope of protection for the right of freedom of assembly, focussing on issues such as peacefulness in sit-in protests and the constitutionality of the registration requirement for rapidly organized assemblies. It concludes with an analysis of the question of interference with the right of freedom of assembly, along with the constitutional justification of such interferences.