Term and Definition of Bannkreis
The term “Bannkreis” has historical and legal significance in German law. A Bannkreis refers to a spatially defined area within which specific legal provisions or prohibitions apply. These may relate to certain actions, the presence of individuals, or the use of the area. Bannkreise are found in various contexts, particularly in criminal law, church law, as well as in historic preservation and the law governing public assemblies. The concept is especially relevant for historic municipal, judicial, and church Bannkreise.
Historical Development of the Bannkreis
Origins in the Middle Ages
In the Middle Ages, the Bannkreis primarily referred to the sovereign territory of a city, court, or church in which the sovereign ruler exercised certain authority (ban power). Under this power, special legal rules or prohibitions could apply within a certain radius around a city (usually a mile, known as a “Bannmeile”), for example, the prohibition of enforcing claims by force or performing certain acts.
Ecclesiastical Bannkreis
In the area of church law, the Bannkreis regulated the area of protection for a church or religious building. Within this area, special legal protections applied that prohibited any secular impact or disturbances. Breaches of church peace within this zone were frequently punished with particularly severe penalties.
Bannkreis in State Law
Bannkreis in Criminal Law
In criminal law, the concept of Bannkreis is mainly found in historical contexts today. In the past, the so-called court or municipal Bannkreis prohibited certain groups, such as outlaws or persons banished from a region, from entering within a certain radius of a city. Anyone who broke such a ban committed a criminal offense.
Police and Regulatory Significance
In police and regulatory law, there are similarly defined spatial prohibition zones, such as the so-called “Polizeimeile” or “prohibited zone,” in which certain acts are prohibited for reasons of public safety. An example is the prohibition of presence within a Bannmeile around parliamentary buildings on the occasion of particular political events.
Bannkreis in Assembly Law
In the area of assembly law, Bannkreise are discussed in connection with restrictions on the freedom of assembly near particularly protected facilities. According to § 16 of the Assembly Act, for instance, there is a ban on public assemblies in the open air within a certain radius (Bannmeile) of parliamentary buildings or other public facilities in order not to impair their proper operation. The exact size of this protection area is regulated by law and varies depending on the federal state and the occasion.
Example: Bannmeile Around the German Bundestag
According to the Assembly Act, for example, no public assembly in the open air may be held within a 200-meter radius (as the crow flies) around the Reichstag building in Berlin unless an exemption has been granted. The aim is to protect the functioning of parliament and to maintain public order.
Bannkreis in Monument Protection and Cultural Property Protection
A modern application of the term is found in monument protection and the safeguarding of cultural property. Here, a Bannkreis may designate an area in which measures or alterations that could adversely affect the protected object are either prohibited or only permissible with official authorization. Such Bannkreise are especially established around listed buildings or archaeological sites to preserve cultural heritage.
Legal Consequences of Violating a Bannkreis
Violation of the regulations of a Bannkreis may constitute an administrative offense or a criminal act. Consequences range from expulsion and fines to severe penalties, particularly if a violation causes a public danger or disrupts the protected area. The exact legal consequences depend on the relevant law, such as the Assembly Act, monument protection laws, or specific state regulations.
Relationship with Similar Legal Institutions
Bannkreis and Bannmeile
The terms “Bannkreis” and “Bannmeile” are often used synonymously. While Bannkreis designates the general spatially defined area, the Bannmeile is the specific, usually legally defined distance around a protected object.
Protected Area and Restricted Zone
The function of the Bannkreis is comparable to the regulation of protected areas or restricted zones as found, for example, in groundwater protection or immission control law. However, unlike Bannkreise, these protected areas are generally aimed at protection from environmental hazards.
Literature and Further Sources
Numerous academic papers are available on the term Bannkreis. These discuss both historical development and current relevance in various areas of law.
- Benseler, Bannkreis und Bannmeile im deutschen Recht, 1925.
- Wilfried Müller, Bannkreis – Historische Entwicklung und heutige Bedeutung, 2017.
- Versammlungsgesetz (VersG), § 16.
Conclusion
The Bannkreis is a significant concept in legal history that continues to be relevant in modern legal contexts. It serves to protect special legal interests and to maintain public safety and order. However, the exact legal effects and the scope of associated powers vary depending on the field of law and historical development. Bannkreise remain an important element, particularly in assembly law, monument protection, and state regulatory law.
Frequently Asked Questions
What are the legal bases for establishing a Bannkreis?
The establishment of a Bannkreis in Germany is regulated by various laws, depending on its reason and purpose. In the context of assemblies and demonstrations, the legal basis is primarily found in the Assembly Act (§ 16 VersammlG), which allows police authorities to designate a specific area (Bannkreis) to protect particularly sensitive objects or events, within which assemblies or specific actions are prohibited. Related provisions may also be included in the Penal Code (§ 106 StGB, protection of institutions and bodies) and in regional police laws. The specific details, duration, size, and enforcement of a Bannkreis depend on the individual case and applicable provisions. A Bannkreis may only be established if there is a legitimate public interest and subject to the strict application of the principle of proportionality.
Who is responsible for ordering a Bannkreis?
Usually, the competent regulatory or police authority is responsible for ordering a Bannkreis. For instance, the police can independently establish a Bannkreis in anticipation of special state occasions such as parliamentary elections, court proceedings, or especially vulnerable events. The applicable legal basis determines which authority acts in each case. In exceptional cases, a judicial order may also establish a Bannkreis. Once a Bannkreis is established, the public is usually informed in a timely and transparent manner by posting notices or through public announcements.
Which rights are restricted by a Bannkreis?
The establishment of a Bannkreis usually restricts the fundamental right to freedom of assembly (Article 8 Basic Law), and in part also the general freedom of action (Article 2 Paragraph 1 Basic Law), as certain activities—especially those of a political, demonstrative, or attention-seeking nature—are prohibited within the defined area. Further restrictions may affect the right to freedom of expression and the right to unhindered access to certain public places. However, the particular restrictions must always be considered in light of the principle of proportionality and may not go beyond what is necessary to achieve the intended goal.
How can those affected challenge the establishment of a Bannkreis?
Affected persons who believe their rights are infringed by the establishment of a Bannkreis generally have the option to pursue legal remedies. Depending on state law, an objection or immediate lawsuit before the administrative court can be filed (interim legal protection according to § 80 Paragraph 5 VwGO). In especially urgent cases, an application for interim relief may be lodged. The prospects of success depend on whether the legal requirements for establishing the Bannkreis were met and whether the principle of proportionality was observed.
How long can a Bannkreis remain in place?
The duration of a Bannkreis generally depends on the occasion and purpose of its establishment. Legally, it may only remain in force for as long as is absolutely necessary. A Bannkreis set up in connection with a specific event or occasion may only be maintained for its duration and a reasonable time before and after. An extension or prolongation is only legally permissible if the threat persists and only with close justification.
What penalties apply for breaches of a Bannkreis?
Anyone who intentionally enters a Bannkreis or carries out prohibited acts there commits an administrative or criminal offense under German law, depending on the severity of the violation and the specific legal basis. For example, § 106 StGB provides for imprisonment of up to one year or a fine for violations intended to protect constitutional institutions. In less severe cases, responsible authorities punish the crossing or disregarding of a Bannkreis with fines. The specific sanction depends on the circumstances of the case and may include bans on presence or detention in addition to monetary penalties.
Are there exceptions to the Bannkreis for certain groups of people?
Yes, legal regulations often contain exceptions for certain groups of people. In particular, emergency services such as police, rescue services, and fire brigades, as well as often accredited members of the press and persons with a legitimate interest (for example, local residents or event participants), are excluded from the Bannkreis under certain conditions. The exceptions are specified in the Bannkreis order and must be strictly limited to what is necessary to fulfill the respective tasks. Individual exemptions may be tied to conditions, such as carrying special identification or advance notification.
