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The Federal Constitutional Court has upheld the ban on a protest camp by opponents of the federal government’s crown policy. He rejected an urgent motion against the ban. The court announced Sunday night.
The permanent vigil in Berlin was planned from August 30 to September 14 and would take place on Straße des 17. Juni. The Berlin Administrative Court had initially allowed the planned vigil. However, the Higher Administrative Court (OVG) of Berlin-Brandenburg admitted it again. The notifying parties had filed an urgent claim against this.
The constitutional court justified the rejection of the urgent demand on the one hand for not being competent. Because after the OVG had previously confirmed the ban, the applicant specified the request for the protest camp. Therefore, he would first have had to seek “urgent legal protection from the courts.”
The organizer did not adjust the hygiene concept after the demonstration
On the other hand, the request was “also unfounded,” the court said. Therefore, the OVG had shared the assembly authority’s assessment that such a camp would pose a direct threat to public safety. The reason: the participants of the event would not maintain the minimum distances to contain the corona epidemic.
The Karlsruhe judges agreed with this argument. With a view to the fundamental right to freedom of assembly, they argued: To protect against the risk of infection, a ban on assembly could also be issued if softer means were not available.
In the case of the planned camp, there are no other means of security. The plaintiff, who also organized one of the anti-crown demonstrations on Saturday, did not show that he adjusted his hygiene concept in view of the “experience now available”. He also didn’t explain how the concept could be implemented for 14 days.
