Lecture Series :
PEACEFUL PROTESTS – CIVIL DISOBEDIENCE – RIOT: CONTENTS AND RESTRICTIONS ON “FREEDOM OF ASSEMBLY” WITHIN THE LEGAL SYSTEM OF THE FEDERAL REPUBLIC OF GERMANY
Prof. Dr. Regina Weiss
Hochschule für Öffentliche Verwaltung Bremen
Dates, Hours, Place :
Session 1 : September, 30th, Monday; 17.40-19.30, V 01
Session 2 : October, 1st, Tuesday; 17.40-19.30, V 01
Session 3 : October, 2nd, Wednesday; 17.40-19.30, V 01
Session 4 : October, 3rd, Thursday; 17.40-19.30, V 01
Protests are omnipresent – they range from citizens’ initiatives against industrial projects to revolt against political decisions, from non-violent sit-in blockades to rioting, from assemblies with few participants to mass protests. Despite the evident importance of protests and the social movement for democratic systems, we have to take into consideration that tension between the exercises of political rights on the one hand and the legitimate interests of third parties and the state itself, on the other hand, might occur. That leads to any political system to the question of how these tensions could be balanced. On which conditions may the legislator enact laws that restrict the freedom of assembly and in which cases may the administrative authorities, in particular, the police, interfere with assemblies? The lecture series provides an insight into the „Freedom of Assembly within the Legal System of the Federal Republic of Germany” by means of practical examples and exercises.
Regina Weiss is Professor of Law in the Department of Law Enforcement and Training of Senior police officers at the University of Applied Sciences for Public Administration in the Free Hanseatic City of Bremen. Her doctorate at the Ruhr-University Bochum focused on the meaning of „Law within the meaning of the European Convention on Human Rights”. She has been working for many years as a specialized lawyer for administrative law and as an adviser on constitutional and international law.
Freedom of Assembly
1. Introductory Session
Concepts of liberalisms and their consequences on international economics and human rights
I. Participants in international commerce
II. Legal sources of international law
III. Legal protection, legal enforceability, methods of dispute settlement
IV. Efficiency in terms of
– international peace and security, protection of human rights,
– solutions of international problems of economic, social, cultural or humanitarian character
– territorial integrity and political independence of states.
V. Responses, i. e.
– interactions of participants in international commerce
– peaceful protests.
2. Freedom of Assembly
1. Characteristics of a liberal democracy based on the provisions of German Basic Law
2. Tensions between freedom of assembly and individual rights of third parties (Examples)
3. Tensions between freedom of assembly and national security (Examples)
II. Current legal situation in relation to the freedom of assembly in the Federal Republic of Germany
1. Art. 8 Basic Law
(Fundamental statements of the Federal Constitutional Court)
2. Art. 11 European Convention on Human Rights
3. Law concerning processions and assemblies
(Essential aspects related to restrictions on the freedom of assembly)
III. Current legal practice in the Federal Republlic of Germany (examples)