According to article 8 (1) of the Basic Law, all Germans have the right to assemble peacefully and unarmed without prior notification or permission. This fundamental right enables people to get actively involved in the democratic process.

Article 8 (2) of the Basic Law stipulates that in the case of outdoor assemblies this right may be restricted by or pursuant to a law. The relevant regulations are contained in the federal Act concerning Assemblies and Processions (VersammlG). Since the reform of the federal system in 2006, the power to legislate on matters related to the right of assembly lies with the federal states.

For this reason, the federal states of Bavaria, Berlin, Hesse, Lower Saxony, North Rhine-Westphalia, Saxony, Saxony-Anhalt and Schleswig-Holstein have adopted their own assembly acts. For all other federal states, the federal Act concerning Assemblies and Processions continues to apply until it is replaced by state law.

The federal states are responsible for enforcing the assembly acts.

Rights and obligations

The freedom of assembly also entails certain obligations.. According to section 14 of the Act concerning Assemblies and Processions, anyone who organises a public outdoor assembly has the obligation to notify the local authority in charge of approving public assemblies at least 48 hours before the assembly is publicly announced. This notification requirement aims to ensure that the public authorities can provide the necessary protection for the assembly (e.g. against counter-demonstrations). Furthermore, such a timely notification should enable the authority in charge of approving public assemblies to mitigate possible impacts on others, for example by making suitable traffic control arrangements.

The situation is different with regard to ad-hoc assemblies that address topical issues. In the case of such spontaneous assemblies, there is no notification requirement. Article 8 (1) of the Basic Law also protects the right to assemble spontaneously.

For indoor assemblies there is no notification requirement. This is because outdoor assemblies, which may be attended by a potentially unlimited number of people, represent a greater threat to public safety and order than assemblies that are confined to indoor spaces.

Further provisions

If there is an immediate threat to public safety, any assembly can be banned beforehand or dissolved while it is ongoing (section 15 of the Act concerning Assemblies and Processions). However, banning or dissolving an assembly is a means of last resort. If restrictions are sufficient to counter the threat, the competent authority must give preference to such restrictions rather than imposing a ban. Violations of bans or obligations under assembly law may be punishable as a criminal or administrative offence (sections 21 to 29a of the Act concerning Assemblies and Processions).