Prohibited wearing of uniforms under German law
Definition and legal foundations
Das prohibited wearing of uniforms refers in Germany to the public wearing of uniforms, parts of uniforms, or uniform-like clothing by individuals without official authorization, particularly in connection with unconstitutional or banned organizations. The purpose of this provision is to preserve public order, prevent intimidating effects, and protect the democratic constitutional state from extremist structures and groups.
The primary legal regulation can be found in Section 3 of the Assembly Act (VersG). In addition, other legal regulations, such as the Associations Act, the Criminal Code, or specific laws, may also be relevant.
Historical background
The rules on the prohibition of uniforms originated in the Weimar Republic and the period after the National Socialist regime. Based on experiences with paramilitary organizations that demonstrated power and intimidation by wearing standardized clothing, corresponding bans were introduced.
As early as 1921, the “Law against the Formation of Armed Associations” established a ban on uniforms for the first time. Since then, today’s legal framework has been continuously adapted to security policy requirements.
Statutory regulation: Section 3 of the Assembly Act (VersG)
Wording
The central Section 3 VersG states:
“It is prohibited at public assemblies and parades to wear uniforms, parts of uniforms, or uniform-like garments as an expression of a shared political mindset.”
Scope of application
The legal requirements are:
- das public wearing
- von of uniforms, parts of uniforms, or uniform-like garments
- in the context of assemblies or parades
- als expression of a shared political mindset
Purpose of protection
The aim of the provision is to prevent public intimidation and displays of power through uniformed appearances (e.g. by extremist groups) in the political arena. This is intended to prevent influence on public opinion and the restriction of the freedom of others.
Elements of the offense and prerequisites
Public assembly and parade
The prohibition applies exclusively to public assemblies (Section 1(1) VersG) or parades parades. These include events open to a broad audience, including political demonstrations.
Uniform and uniform-like clothing
A uniform is any standardized clothing coordinated in terms of style, color, and appearance, intended to demonstrate affiliation. Clothing is considered uniform-like if, through coordination and intent, it produces the same effect, even if it does not constitute a classic uniform.
Expression of political mindset
The wearing must be deliberate as an expression of a shared political conviction, attitude, or ideology. Accidental or fashion-inspired wearing of matching clothing does not fulfill the legal standard.
Exceptions
Not covered are cases where uniforms are worn for representative, festive, or historical purposes, provided there is no political demonstration aspect. Wearing official service uniforms by persons authorized to perform their duties (e.g. police, fire brigade) is also expressly excluded.
Criminal and regulatory consequences
Criminal liability
The prohibition under Section 3 VersG constitutes an administrative offense . Under Section 28(1) VersG, unauthorized wearing is punishable by a fine. In serious cases or repeated violations, there may also be an initial suspicion for further criminal offenses, for example if uniformed appearances are used for incitement to hatred or for forming unconstitutional associations.
Seizure and measures
Objects used in violation may, pursuant to Section 29 VersG, be seized or confiscated.
Uniform prohibition in relation to banned associations and unconstitutional organizations
Connection to other laws
In addition to the Assembly Act, the prohibition also applies under Section 9(1) of the Associations Act (VereinsG). According to this provision, the public wearing of uniforms, badges, or symbols of banned or unconstitutional organizations is generally prohibited. Violations are punishable by fines or imprisonment of up to one year (Section 20 VereinsG).
Extensions and special rules
Numerous federal states have supplementary provisions that may extend the ban on such clothing to general events or locations. There are also specific rules for schools, political parties, and in civil service law.
Distinction from professional, festive, and social uniforms
The uniform prohibition does not apply to:
- Wearing official or service uniforms (e.g. police, armed forces)
- traditional uniforms (e.g. shooting clubs, folk costumes)
- uniforms for cultural, historical, or representative purposes (e.g. carnival, commemorative events), provided there is no political demonstration involved.
However, in each individual case it must be examined whether the objective impression suggests a political demonstration of affiliation.
Uniform prohibition and freedom of expression
The ban on wearing uniforms constitutes an interference with freedom of assembly (Art. 8 Basic Law) and indirectly with freedom of expression (Art. 5 Basic Law). This interference is constitutionally justified by the overriding public interest in protecting the democratic constitutional order and preventing intimidating forms of assembly. The Federal Constitutional Court’s case law emphasizes a strict standard for any restrictions impinging on free political formation of opinion.
Case law and practice
Courts have repeatedly clarified that even small, coordinated similar items of clothing (e.g. specific anoraks, armbands) can trigger the uniform prohibition if there is a demonstrative political connection. In practice, application is frequently assessed based on context, group membership, and the behavior of those involved.
The uniform ban is especially regularly applied in connection with right-wing or left-wing extremist groups, so-called citizen militias, or scene organizations.
International perspective
Many other countries have similar bans on uniforms to protect public order, though the scope and severity of sanctions vary. In European comparison, the German uniform ban holds particular significance due to its context of confronting sensitive historical legacies.
Conclusion
The prohibition of wearing uniforms in Germany is a key instrument for protecting public safety and the liberal democratic basic order. Legal provisions prohibit the demonstrative wearing of uniforms or standardized clothing at public assemblies, particularly to prevent intimidation and the public display of extremist groups. Violations are prosecuted as administrative offenses or, in conjunction with other criminal offenses, as crimes. The scope and application of the uniform ban are subject to ongoing legal review and adaptation in response to social developments.
Literature and sources:
- Assembly Act (VersG)
- Associations Act (VereinsG)
- Criminal Code (StGB)
- Federal Constitutional Court: Decisions and rulings on the uniform prohibition
- Federal Ministry of the Interior: Information on freedom of assembly and public safety
Frequently Asked Questions
When is the wearing of uniforms legally prohibited?
The prohibition of wearing uniforms in Germany arises particularly from Section 3 of the Assembly Act (VersG). According to this provision, it is forbidden at public assemblies or parades to wear uniforms, parts of uniforms, or similar garments as an expression of a shared political conviction. This is intended to prevent the emergence of a “militant” or intimidating effect, such as that conveyed in the past by marching SA groups. A violation is prosecuted as an administrative offense and can result in fines or other measures. Wearing uniforms is also prohibited outside of assemblies if there is a threat to public order or a connection to an unconstitutional organization, such as under the Associations Act or the Criminal Code, which criminalizes the use of symbols of unconstitutional organizations (Section 86a StGB).
Which statutory provisions regulate the prohibition of wearing uniforms?
The legal provisions relating to the prohibition of uniforms are particularly found in the Assembly Act (Section 3 VersG), the Associations Act (Section 9 VereinsG), and the Criminal Code (Section 86a StGB). The Assembly Act addresses the prohibition during public assemblies and parades, the Associations Act pertains to organizations that have been banned or dissolved, and the Criminal Code concerns the display of symbols of unconstitutional organizations, which may also include parts of uniforms. Additionally, individual German states may have local regulations or police laws, for example where the wearing of “paramilitary” clothing poses a threat to public order.
Under what circumstances are exceptions to the uniform prohibition possible?
Exceptions to the uniform prohibition may arise when uniforms are lawfully permitted at official occasions, such as for members of the police, fire brigade, armed forces, or other authorities who wear service uniforms as part of their duties. Exceptions may also apply to traditional, cultural, or historical events (e.g. shooting festivals, historical parades). However, such exceptions frequently require official approval, and each case must be considered individually. For political events, exceptions are handled very restrictively and are only granted in truly exceptional circumstances.
What penalties apply for violations of the uniform prohibition?
Anyone who violates the uniform prohibition typically commits an administrative offense under Section 28(1) No. 2 VersG, punishable by a fine of up to 1,000 euros. If the offense simultaneously breaches provisions of the Associations Act or the Criminal Code, in particular Section 86a StGB, it can also be prosecuted as a crime, with severe cases subject to fines or imprisonment of up to three years. The specific penalties depend on the individual case, including the type and purpose of the worn uniform parts and any connection with banned organizations or anti-constitutional activities.
May historical or fictional uniforms (e.g., from movies or plays) be worn?
The wearing of historical or fictional uniforms is legally treated the same as long as there is a political context or interference with public order. There are usually no objections for theater performances, film shoots, carnival, or similar occasions, as long as the uniform is not worn as an expression of shared political conviction as outlined in the Assembly Act or to support unconstitutional organizations. The actual intention is decisive in the legal assessment. Even in these cases, however, approval from the competent authority may be required.
Are uniform imitations or certain clothing resembling uniforms also covered?
Yes, the prohibition on uniforms expressly covers not only complete uniforms, but also parts of uniforms and similar garments, the combination of which is perceived as a uniform or standardized appearance. This includes imitations, fantasy uniforms, or versions that clearly reference typical uniform elements, if these are worn at assemblies or parades and serve the purpose of expressing a shared political outlook. The assessment is based on outward appearance and the (political) symbolism conveyed. Clothing that is clearly military or authority-related is especially covered if the other requirements are fulfilled.
Are there special rules for wearing uniforms in connection with youth organizations or associations?
For organizations such as Scouts, the youth Red Cross, or sports clubs, special exemptions apply as long as their uniforms or club clothing are not worn for political purposes or in connection with political assemblies. However, as soon as a political purpose is added, or the appearance demonstrates a political stance, the uniform ban applies. In cases of doubt, authorities will closely examine whether the particular youth organization has political objectives or links to prohibited organizations.
