3 ms·
Basically yes.. https://www.dw.com/en/freedom-of-assembly-in-germany-protected-but-regulated/a-39630488 https://www.dw.com/en/freedom-of-assembly-in-germany-pr
by theGeatZhopa 3y ago
Basically yes..
https://www.dw.com/en/freedom-of-assembly-in-germany-protected-but-regulated/a-39630488 https://www.dw.com/en/freedom-of-assembly-in-germany-protect...
Privately owned houses, flats or other privately owned properties can't be entered without permission. The demonstrators can start a demonstration in my garden, yes, but the police will help here. And, no one would even think of doing so, because everyone knows thats illegal. This is different with companies. You can't enter, but you can block their parking space or demonstrate in front the maintenance. They can call the police, but they're can't do anything about that - public ground.
Just remember the "occupy" movement that camped in front of banks in Frankfurt, Germany, and made it nearly impossible for the guys working there to enter their workplace.
This restrictions of private property applies
Without exception for every one, and for the police or other state organs like intelligence or ambulances. If, then, only a search warrant issued by a judge, who is bound to certain laws or on your invitation can enable them to enter without your ok.. and even that can be stopped by a lawyer. If it was unlawful, then everything they found must be given back or deleted. That's the way love goes - love for the rights of a single person. Nothing is more important so it is written in the basic law.
So yes. I'll wait until the day you'll have a highway in your backyard :) and then I ask you, why didn't you demonstrate?
- gruez 3y ago>You can't enter, but you can block their parking space or demonstrate in front the maintenance. They can call the police, but they're can't do anything about that - public ground. In the case of the pipeline protests though, they're not just protesting on the entrance on public roads, they're protesting in the construction site itself. Therefore everything you say doesn't seem to help the pipeline protesters. >So yes. I'll wait until the day you'll have a highway in your backyard :) and then I ask you, why didn't you demonstrate? Note I'm not against protesting per se. I'd consider and might very well protest at city hall by holding up signs or whatever. Should I fail to convince the public and/or the legislature to join my side, and couldn't get an ruling in my favor through the courts, I will accept my fate. I'm not going to throw a tamper tantrum by setting up an encampment in the middle of the highway construction path just because I didn't get what I want.
- theGeatZhopa 3y agoBelieve it or not.. the right for demonstration weights higher then business or even state things. The right for demonstration is within the basic law, after the rights of life (1st), health (2nd), personal evolvement and the right to think and learn whatever one wants / right of freedom of speech (3rd).. and some others. All other laws are somehow based on them or take them into account. Here also should be said "the exercise of basic law for one has a limit when it touches the exercise of the basic law of another" (One example: when there was corona, a lot of people refused to wear a mask. It's their freedom to do so. But they may get in conflict with other ones basic law to stay healthy and not being made ill. So the one who's infected can sue the one who's choosing not to wear a mask.. that hasn't been understood by the non-maskers) This basic laws have and can be exercised by everyone in Germany. No matter of you're a private business, a state owned public company (which both aren't natural persons), you have to stand behind.. even if that means your building site is blocked. You can call your lawyer and sue the ones. But the judge will assess your needings against the exercise of basic law of individuals demonstrating and if it is legit, you'll lose the trial.. if not, then you can ask for compensation.. that's the way it should be everywhere. Water cannons used to secure a business is a sign of a repressional state form where the rights of an individual are less worth than the money. Think again about it, whether it should or shouldn't be like that :)
- autoexec 3y agoGermany has its problems when it comes to rights and freedoms, but they seem to have this one right. Good for them!