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Germany

Germany

Freedom of Peaceful Assembly

 

Federal Republic of Germany

1. Constitutional bases and sources of regulation of freedom of assembly

Freedom of assembly is a constitutional, i.e., basic right of the Germans Since the first all-German Constitution of 1848 (so-called Paulskirchenverfassung). Like the constitutional guarantee of freedom of association, this right protects the possibility to unite with others, albeit in a less durable form. In contrast to the freedom of association, freedom of assembly is mostly a political right which is articulated primarily in political demonstrations. In the German political system, where the form of direct democracy is clearly subordinated to the representative form of parliamentary democracy with limited opportunities for direct political participation of citizens, freedom of assembly according to the Federal Constitutional Court (hereinafter – FCC) is a fundamental and indispensable element for functioning of such a system.


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