All Germans have the constitutional right to form societies and other associations.

According to the law governing private associations, the term “association” refers to any group formed voluntarily and for a common purpose by several natural or legal persons, regardless of the group’s legal form. In this context, it is important that the members subject themselves to an organised form of decision-making. In contrast to civil law, the definition of the term “association” under public law does not depend on the group’s legal classification as an association or society.

Bans on associations are an expression of our resilient democracy

However, the freedom of association is restricted wherever it is used to harm our free democratic constitutional system. Associations whose aims or activities contravene the criminal laws, or that are directed against the constitutional order or the concept of international understanding, are prohibited pursuant to Article 9 (2) of the Basic Law. That is an expression of our resilient democracy.

The Act Governing Private Associations (Associations Act – VereinsG) specifies the constitutional limits imposed on the freedom of association. An association may be treated as banned only after an order made by the authority imposing the ban has determined that the association’s aims or activities contravene criminal law or are directed against the constitutional order or the concept of international understanding. It is to be noted that the regulations contained in the Act Governing Associations make up only part of the law on associations.  The law governing private associations deals with the legal status of associations vis-à-vis the state, whereas the private-law status of associations is governed by the Civil Code (BGB) (sections 21 to 79).

Association bans and their consequences

be decreed at the same time. A ban is normally accompanied by an order to seize the association’s assets, which are then subject to a prohibition on disposal. As a rule, the association’s assets are seized and become state property; they are then used for the public good.

No successor or replacement associations may be formed; nor may the symbols of the banned association continue to be displayed. Anyone who forms a successor or replacement association to the banned association or continues to display its symbols will be prosecuted.

The 2017 amendment of the ban on symbols according to section 9 (3) and the penal provision of section 20 (1) sentence 2 of the Act Governing Private Associations were aimed at effectively banning from the public scene all symbols of banned associations as well as symbols that are related to previously banned associations.

Association bans in Germany

Associations operating in two or more federal states can be banned by the Federal Ministry of the Interior and Community. If associations only operate on the territory of one federal state, they can be banned by the interior ministry of that state.

Bans imposed by the Federal Ministry of the Interior and Community have been recorded since 1990 and are listed in the annual Report of the Office for the Protection of the Constitution published by the Federal Ministry of the Interior and Community. Furthermore, an association ban was imposed on the Dutch motorcycle gang “Satudarah Maluku MC” including its German sub-organisations in 2015.