1. Zum Umfang der Gestaltungs- und Typenfreiheit von verfassungsrechtlich geschützten Versammlungen.
- Author
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Brenneisen, Hartmut
- Subjects
- *
ADMINISTRATIVE courts , *TREE houses , *CIVIL rights , *OBJECTIONS (Evidence) , *POLICE - Abstract
The article deals with a protest event near the Tesla factory in G, which was restricted by assembly law limitations. The Administrative Court of Potsdam has granted the applicant's request to restore the suspensive effect of the objection against the restrictions. The Higher Administrative Court of Berlin-Brandenburg has ruled that the duration of the protest action over several weeks does not question its qualification as an assembly. It has also been determined that a publicly accessible forest can be a suitable place for a constitutionally protected assembly. Furthermore, tree houses and other infrastructural facilities established in the protest camp may be covered by the scope of protection of the Basic Law. The Administrative Court has interpreted the regulation on the time limitation of the assembly as a shortening of the assembly duration, while the complaint argues that it is merely a temporarily limited confirmation. However, the Administrative Court agrees with the view that it is a constitutive regulation regarding the duration of the assembly. The complaint is also unsuccessful regarding the restriction of the assembly location. It is emphasized that general police law can only be invoked if assembly law is incomplete. It is also pointed out that the protective effect of the fundamental right to freedom of assembly must not be undermined by more generous intervention powers in special regulatory law. [Extracted from the article]
- Published
- 2024