Definition and legal foundations of the Assembly Act
Das Assembly Act is a central component of German public order law and regulates the execution and protection of assemblies and processions. It secures the fundamental right to freedom of assembly as guaranteed by the Basic Law (Art. 8 GG), while also establishing conditions to ensure public safety and order during collective expressions of opinion. The detailed provisions of the Assembly Act primarily concern notification requirements, execution, prohibition, dissolution, and protection of assemblies.
Development and federal structure of the Assembly Act
History and motivation
The original Assembly Act came into force at the federal level on July 24, 1953. It was established to concretize the right of assembly granted by Art. 8 of the Basic Law. Since the federalism reform in 2006, the federal states have the option to pass their own assembly laws and replace the previous federal law. Meanwhile, several states have enacted their own assembly laws, some with specific provisions, while the federal law continues to apply in states without their own legislation.
Current legal situation in the federal states
- Bavaria, Lower Saxony, Saxony, Saxony-Anhalt, Schleswig-Holstein, North Rhine-Westphalia, Baden-Württemberg, Bremen, and Hamburg each have their own assembly laws.
- In the remaining states, the federal Assembly Act continues to apply as state law.
Scope of application of the Assembly Act
Definition of assembly
The Assembly Act defines an assembly as a local gathering of several persons for the collective discussion or demonstration aimed at participating in public opinion formation. The main purpose is the formation or expression of a common will. Assemblies are to be distinguished from mere gatherings, which lack the aspect of opinion formation.
Types of assemblies
A distinction is made between different forms of assembly:
- Public assemblies (open to everyone)
- Non-public assemblies (e.g. members’ meetings)
- Spontaneous assemblies (arising from immediate occasion without prior organization)
- Urgent assemblies (assemblies with a very short planning period, making it impossible to meet regular notification deadlines)
Legal requirements and procedures
Notification and reporting obligations
For public assemblies and processions in the open air, there is generally a notification obligation under Section 14 of the Assembly Act. Notification must be made at least 48 hours before the assembly is announced to the relevant authority (usually the police or regulatory authority) and must contain the following details:
- Name and contact details of the organizer
- Subject and purpose of the assembly
- Time, place, and planned route (for processions)
For assemblies held in enclosed spaces, there is generally no notification requirement.
Leadership and order responsibilities
Each assembly requires a responsible person to act as the leader. This role includes ensuring the proper conduct of the assembly and cooperating with authorities.
Government intervention options
Conditions
According to Section 15 of the Assembly Act, authorities may impose conditions to prevent direct dangers to public safety and order. These may include restrictions on certain content, requirements regarding routes and times, or limits on the number of participants.
Prohibition and dissolution
An assembly may—according to strict constitutional standards—only be prohibited or dissolved if there is an immediate danger to public safety or order and less severe measures are insufficient. The decision must be proportionate and respect the fundamental right to freedom of assembly. The legal basis is Section 15 of the Assembly Act and corresponding state regulations.
Measures in case of violations
In the event of violations of notification requirements, conditions, or legal provisions, the responsible authorities may issue dispersal orders to participants or selectively exclude individuals. Violations are treated as administrative offenses or—in serious cases—as criminal offenses under Section 21 of the Assembly Act (e.g. in cases of violent conduct or violation of uniform bans).
Scope and limitations of the fundamental right to freedom of assembly
Constitutional framework
The Basic Law, in Art. 8 (1), generally protects all peaceful assemblies. Restrictions are permitted under Art. 8 (2) only for assemblies held in the open air and must be based on law. The Assembly Act specifies these requirements and provides the necessary legal basis for state interventions.
Significance for democracy
Freedom of assembly is considered a central pillar of the democratic rule of law, especially for public opinion formation and participation in political processes. Restrictions are only permitted to protect other legal interests (e.g., life, health, property of third parties, protection against violent riots) and must observe the principle of proportionality.
Police and preventive protection of assemblies
Authorities are obliged to ensure, as far as possible, the undisturbed flow of registered assemblies. This includes protecting participants from disruptions by third parties (e.g. disruptive actions, counter-demonstrations) as well as enforcing any conditions issued for the protection of public order. Police officers may only enter assemblies if necessary for averting danger or maintaining the legal framework.
Sanctions and legal consequences for violations
Administrative offenses and criminal offenses
The Assembly Act codifies various administrative and criminal offenses. The most relevant include:
- Holding non-notified assemblies (§ 26)
- Preventing or disrupting notified assemblies (§ 21)
- Armed or uniformed participation in assemblies (§ 17a)
Violations are punishable by fines or imprisonment.
Legal protection
Legal recourse is available against government measures. Affected persons can file an objection to assembly bans, conditions, or dissolution orders and have these reviewed in court.
Assembly laws in other countries
Other European countries also have specific laws regarding assembly rights, but these differ significantly in content from the German model. German regulations are particularly characterized, by international comparison, by strong constitutional protection and the principle of proportionality.
The Assembly Act forms the legal framework for the exercise and protection of freedom of assembly in Germany. On one hand, it guarantees the opportunity for collective public expression of opinion while, on the other, implementing measures to protect public safety and order. Its complex structure and federal nature require careful attention to the particularities of state law.
Frequently asked questions
Who must register an assembly under the Assembly Act?
An assembly held in the open air must generally be registered by the person organizing it (organizer). According to Section 14 of the Assembly Act (VersG), this must be done at least 48 hours before the assembly is announced to the relevant authority, usually the public order office or the police. The registration must be in writing or recorded and must include specific details: the purpose, location, time, intended course of the assembly, and the name of the responsible person (leader). If the organizer is a group or association, a natural person must still be named as the responsible leader. If the organizer fails to fulfill the notification obligation, the authority may restrict, prohibit, or even dissolve the assembly. The duty to notify mainly serves to enable authorities to recognize dangers to public safety and order in good time and, if necessary, take measures to protect participants and third parties.
Under what circumstances may an assembly be prohibited under the Assembly Act?
A prohibition of an assembly is only possible under strict conditions in accordance with Section 15 of the Assembly Act. The competent authority may prohibit an assembly or make it subject to certain conditions only if, according to the circumstances known at the time the order is issued, public safety or order appears to be directly endangered. The courts require a concrete, present danger; vague or abstract dangers are insufficient. Public safety includes the protection of physical integrity, life, and property, the functioning of the state, and the legal order as a whole. A prohibition is the last resort (“ultima ratio”) and may only be issued when less intrusive measures, especially appropriate conditions, are not sufficient. The fundamental right of assembly under Art. 8 GG is particularly protected, so every prohibition is subject to a strict proportionality review. The authority bears the burden of proof and explanation for the threat assessment.
What are the duties and rights of assembly leadership according to the Assembly Act?
The management of an assembly, according to Section 7 of the Assembly Act, is the responsibility of a person appointed by the organizer or chosen by the participants. The leader has domiciliary rights during the assembly and is required to ensure the orderly conduct of the event and to prevent unlawful acts. The leader determines the course of events, can appoint speakers, and may instruct participants to follow directions. The leader must ensure, in particular, that no prohibited items are carried (§ 2 VersG), that there are no inciting, insulting, or violent statements or acts, and that the authority’s conditions are followed. The leader has the right to end the assembly if the purpose is achieved or significant disruptions occur. If the leader fails to fulfill their duties, the police may intervene and, ultimately, dissolve the assembly.
To what extent may the police influence assemblies?
The police are authorized under the Assembly Act and general police law to intervene in the conduct of an assembly if public safety or order is endangered. Their duties are governed by the principles of clarity and proportionality. The police may restrict the right to freedom of assembly under Art. 8 GG only if concrete dangers are present. Their measures range from observation to enforcement of conditions up to intervention in the case of criminal offenses or dangers to life and limb. The police may also impose seizure bans, secure prohibited items, and, in exceptional cases, dissolve an assembly (§ 8 and § 13 VersG). Interventions such as recording personal details, ordering people to leave, or verifying identities must be limited to what is necessary.
How are so-called spontaneous assemblies handled?
Spontaneous assemblies are gatherings that arise unplanned and without prior registration due to an immediate occasion. According to the courts, they are subject to relaxed requirements regarding notification, as, by their nature, it is impossible to meet the 48-hour deadline. Nonetheless, there is an obligation to notify the authority as soon as it is reasonable to do so. Police and regulatory authorities must, in the case of spontaneous assemblies, observe the requirement to protect the right of assembly to the greatest extent possible. Measures such as conditions or prohibitions must be assessed with the same strict standards as for registered assemblies. Dissolution without a prior risk assessment is generally not justified. Spontaneous assemblies are generally afforded the same protection as properly registered assemblies.
What are the legal consequences of not registering or unlawful behavior during an assembly?
Failure to register an assembly constitutes an administrative offense according to Section 26(2) of the Assembly Act, but may, under certain circumstances, be deemed a criminal offense, for example, if one calls for a prohibited assembly. This is punishable by a fine or imprisonment. In the event of unlawful conduct during the assembly, such as carrying prohibited items, acts of violence, incitement of the people, or repeated breaches of official conditions, regulatory authorities may dissolve the assembly and pursue those responsible under criminal law. The leadership can be held liable for non-compliance with their duties. Authorities also have the right to issue dispersal orders and secure items. Depending on the nature, severity, and extent of the violations, both criminal and administrative consequences may result.
Can assemblies be restricted under certain conditions?
Yes, under Section 15 of the Assembly Act, the assembly authority may attach conditions to an assembly if necessary to avert dangers to public safety or order. Typical conditions include a ban on masks (so-called anti-mask law), route restrictions, a ban on certain items, or a limitation of participant numbers. Volume restrictions are also permissible to minimize disturbances to third parties. However, the conditions must not undermine the substance of the right of assembly and must be proportionate and suitable to avert the foreseeable danger. Participants and leadership are obliged to comply with the conditions; violations may result in dissolution of the assembly and further sanctions. The challenging of conditions is possible via interim legal protection.
