Concept and legal framework of the dissolution of an assembly
Die Dissolution of an assembly represents a significant interference with the fundamental right to freedom of assembly pursuant to Article 8 of the Basic Law (GG). In legal practice, it refers to the official termination of an ongoing assembly, whereby the gathering loses its character as an assembly. The dissolution must be distinguished from measures such as prohibition (preventive ban) and the immediate termination of individual parts of an assembly. The legal prerequisites, procedural modalities, and effects of dissolution are primarily regulated in the Assembly Act (VersG) as well as in state laws and supplementary legal provisions.
Legal foundations
Constitutional background
Freedom of assembly is a fundamental right under Article 8 GG and protects both the organization and the conduct of an assembly. Restrictions are only permitted by or on the basis of a law. Dissolution of an assembly is one of the restriction measures provided for in the Assembly Act and must always observe the principle of proportionality and other constitutional limits.
Federal regulations (Assembly Act)
The Federal Assembly Act (VersG) regulates the requirements and procedure for dissolving an assembly. The essential provisions are found in particular in § 15 para. 3 VersG for public assemblies and processions in the open air. Due to federalism reforms, some states have enacted their own assembly laws (e.g., Bavaria, Saxony, North Rhine-Westphalia), which are similar in their basic principles but may differ in detail.
Terminological distinctions: Prohibition, Dissolution, Termination
- Prohibition: Prohibits a planned assembly in advance.
- Dissolution: Ends an already commenced assembly by official sovereign act.
- Termination: The responsible persons (organizers, leaders) may independently end an assembly; this is to be distinguished from official dissolution.
Requirements for dissolving an assembly
Material requirements
According to § 15 para. 3 VersG, the authority may only dissolve an assembly if the measures or conditions imposed so far are insufficient to avert a concrete danger to public safety or order. The danger must relate to significant legal interests, such as life, physical integrity, or the public community.
Typical grounds for dissolution include, among others:
- Commission or imminent threat of serious criminal offenses emanating from the assembly.
- Violations of imposed conditions aimed at protecting important legal interests.
- The assembly leader fails to fulfill his or her duties (§ 7, § 8 VersG), and a proper conduct of the assembly can no longer be ensured.
Dissolution is always the last resort (ultima ratio); less severe measures such as dispersal orders or the application of conditions must first have been unsuccessful or obviously inadequate.
Formal requirements
Dissolution is an administrative act that must meet the following formal requirements:
- The measure is usually announced expressly and unmistakably to participants (e.g., via loudspeaker announcement).
- An appropriate period must be granted—where possible—so that assembly participants can leave the location.
- The reasons for the dissolution must generally be stated, unless there is a case of imminent danger.
Legal consequences of dissolving an assembly
Immediate consequences
With the legally effective dissolution, the protection of the freedom of assembly ends. Participants are required to leave the event location immediately. Remaining at the site or continuing the assembly may count as unauthorized participation or breach of place-related orders.
Coercive measures and enforcement
The authority is authorized to enforce dissolution through coercive measures under the relevant police laws (e.g., direct force, removal orders). The principles of proportionality and the protection of physical integrity are decisive.
Criminal and regulatory consequences
Anyone who fails to comply with the authority’s orders after the dissolution of an assembly may be subject to administrative fines or criminal liability under § 29 para. 1 no. 2 VersG or corresponding state provisions. This includes further participation in the assembly or supporting its continuation.
Legal remedies against the dissolution of an assembly
Administrative court remedies
The dissolution of an assembly constitutes an administrative act with immediate effect. Participants or organizers may, after the fact, challenge the dissolution by means of an action for annulment. In urgent cases, interim relief under § 80 V VwGO (restoration of suspensive effect) can be requested, although the possibility of suspension on site is regularly excluded in practice.
Claim for damages and implications for state liability
If a dissolution is unlawful, a claim for state liability may in principle arise. Liability is governed by the general principles of official liability law (§ 839 BGB in conjunction with Art. 34 GG).
Special cases and relevant case law
Dissolution of private and closed assemblies
The option of dissolution predominantly exists for public assemblies, especially those held outdoors. Restrictions apply to non-public or closed assemblies; intervention is generally only permissible in the presence of concrete and serious dangers.
Assemblies with special protected interests
Certain assemblies, such as political demonstrations, are subject to particularly intense constitutional protection. The requirements for justifying dissolution are especially strict in such cases.
Case law
The case law, especially that of the Federal Constitutional Court and administrative courts, requires strict adherence to the principle of proportionality. Authorities must weigh up in each individual case whether a dissolution is really necessary and if not milder measures that better safeguard fundamental rights should be given priority (BVerfG, decision of May 14, 1985, 1 BvR 233, 341/81 – Brokdorf decision).
Literature references and further regulations
- Assembly Act (VersG)
- State Assembly Acts
- Federal Constitutional Court – Brokdorf decision
- Commentary on the Basic Law, Art. 8 GG
- Police laws of the Federal Government and the Länder
Summary
Die Dissolution of an assembly is a serious interference with the constitutionally protected fundamental right to freedom of assembly. It is subject to strict legal and formal requirements, particularly the existence of a concrete danger for public safety or order and the absence of milder means. After official dissolution, participants must leave the site; otherwise, measures under police and regulatory law may follow. Judicial review and subsequent legal protection form an important part of safeguarding fundamental rights and limiting governmental powers of intervention.
Frequently Asked Questions
Who is authorized to dissolve an assembly?
The authority to dissolve an assembly generally lies with the competent authorities, typically the police or regulatory agency. According to the Assembly Act (VersG), dissolution is permissible if the statutory requirements are met. The assembly leader does not have the right to sovereignly dissolve a government-approved or registered assembly but can voluntarily declare the termination of the event. Official dissolution is carried out solely by a competent authority, which—depending on the applicable state law—may be represented, for example, by the state police or public order office. A valid dissolution regularly requires the competent authority to be present and for the measure to be communicated clearly.
What are the legal prerequisites for dissolution?
An assembly may only be dissolved under narrow legal conditions. The fundamental right to freedom of assembly (Art. 8 GG) may only be restricted under the conditions expressly stated in § 15 of the Assembly Act. Key grounds include endangerment of public safety or order, particularly if participants commit criminal offenses or if there is an imminent risk to participants or third parties. Dissolution must be proportionate, i.e., the last resort (ultima ratio); milder measures, such as conditions or partial clearances, must be considered and prioritized. Additionally, a clear and audible warning to all participants is regularly necessary before dissolution.
How must the dissolution of an assembly be carried out legally?
Dissolution must be declared publicly and perceptibly to all participants by a clearly identifiable, authorized person, such as a police officer. Pursuant to § 15 II VersG, a clear announcement of the dissolution, usually by loudspeaker, is mandatory. If the assembly consists of several groups, the announcement must also be issued to these separately. Furthermore, participants must generally be given sufficient time and opportunity to disperse after dissolution (“dispersal time”). If such notification is missing or does not meet all formal requirements, the dissolution may be unlawful in individual cases.
What are the legal consequences of official dissolution of an assembly?
With official dissolution, participants’ right to freedom of assembly ends, meaning that their further stay at the site is no longer protected by Art. 8 GG. If participants remain at the site despite effective dissolution and police order to leave, or continue to participate, this constitutes a punishable failure to comply with the order of dissolution under § 29 para. 1 no. 2 VersG. This may be prosecuted as an administrative offense or a crime. Furthermore, the police receive further powers, such as forcibly clearing the assembly, issuing removal orders, or establishing identities.
What legal remedies are available against the dissolution of an assembly?
Official dissolution of an assembly constitutes an administrative act, against which administrative legal remedies are generally permissible. These include in particular an objection (Widerspruch) as well as an application for interim relief pursuant to § 80 para. 5 VwGO before the competent administrative court. In the case of an already executed (factual) dissolution, a subsequent determination of the illegality of police action may be possible (continuing declaration action). In the event of immediate coercive measures, further legal remedies against police or regulatory actions (e.g., actions against taking into custody) are also available.
In which cases is the dissolution of an assembly unlawful?
A dissolution is unlawful if the requirements stipulated in the Assembly Act are not met, the measure is disproportionate, or the necessary formalities were not observed. For example, if there is no concrete danger to public safety or only an abstract concern, the official dissolution may be deemed unlawful by the administrative courts. Likewise, the measure is not lawful if no or insufficient warning was given prior to dissolution or if mitigating measures (e.g., conditions) were not exhausted.
What special rules apply to the dissolution of spontaneous assemblies?
Spontaneous assemblies, which arise without prior registration, are generally protected by Art. 8 GG and the Assembly Act. The legal requirements for dissolution do not differ fundamentally from those for registered assemblies. However, the absence of prior registration must be taken into account when weighing interests, for example when it is practically difficult to implement regulatory measures at short notice. Authorities must also, in these cases, specifically justify the threat to public safety before proceeding to dissolution. A particular challenge often lies in clearly informing the participants of the dissolution, as there is no organizational structure.
