German Constitutional Court: Sit-in Protest Cannot Block Demonstration - German Court Rules Against Blocking Protests in Landmark Decision
In a significant ruling, the German Constitutional Court has clarified the rights of protesters and counter-protesters. The case involved a counter-protester in Freiburg who was fined €200 for disrupting a lawful assembly in 2019. The court's decision has set a precedent for future protests.
In 2015, around 70 counter-protesters blocked an anti-abortion march in Freiburg by sitting down, disrupting the procession of around 100 demonstrators. Police eventually intervened and cleared the sit-in, allowing the march to proceed.
One of the counter-protesters was later convicted by a Freiburg district court for disrupting a lawful assembly and fined €200. The counter-protester appealed the decision, but the Federal Constitutional Court in Karlsruhe upheld the conviction and fine. The court ruled that sit-in protests cannot block lawful demonstrations with differing views, even if the counter-protest itself is protected under freedom of assembly. The court determined that this rule applies even when the counter-protest itself is protected under freedom of assembly.
The German Constitutional Court's ruling has established that permitted demonstrations cannot be obstructed or broken up through 'serious disruptions' under Germany’s Assembly Act. This decision aims to balance the rights of protesters and counter-protesters, ensuring that lawful assemblies can proceed without interference.
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