Removal of fundamental rights as a fight against right?

In bavaria, a coarse farm defends against planned compensation in the reconciliation law

Curtains in bavaria soon be illegal? This question is currently a lot of trade unionists in the free state. Together with burger rights organizations and opposition parties to the initiative, they rescued the freedom of assembly in bavaria.

The reason is a draft of the assembly law provided by the bavarian state government. With the folderalism reform these regulations are the same. The bavarian csu state government plays the pioneer with the presentation of a law draft. Even before the summer break, the new assembly law should be adopted.

The hurry has state political reasons. In the fall are in bavaria elections and the csu’s comfortable absolute majorities have been used for decades, this time can not be sure this time, over the 50%. The dispute over the bayerische landesbank, the zigzag course around the smoking ban, the bankruptcy around the transrapid let the survey values of christocials. The new staff of the after-stoiber-ara was unable to convince the own basis.

In such a situation, a consistent law-and-order course, which propagates the design of assembly law, activate their own base. Whether the calculus goes up is questionable. First of all, the opponents have reported to speak, which also contributed the arrogance of the csu majority. For example, an association sore was not even invited to the association law of the dgb. The munchner manager of the service union ver.Di, heinrich birner, foes now brusked. "Trade unions are the organizations that need and use the reconciliation law," he emphasizes and warns and warns of the strike law over the detour of the recourse law.

Because in the current catch two strike posts have already been a notgeable gathering, which had to be registered 72 hours before the start. This became short-term warning strikes that have so far to pay for union protestpotpourri, impossible. The experienced companies were able to prepare for work campaigns and beat the trade unions a popular combat material from the hand, fired the trade unionists.

Unsuitable demo pardology

But not only trade unions stamped in a passing of the congestion law restrictors. Especially in criticism is a scheme that should allow for proper cases and police rejection of assembly leaders if they are considered unsuitable by the authorities. This also applies to the demonstration folder whose personal data including the birthday, address and name on request of the ordinals must be submitted. Who will explain to the folder, if he has to flare a complete data? In the absence of folders and suitable assembly ladders love the number of demonstrations quickly reduce.

These releases share many burger law organizations. For hartmut wachtler the initiative of bavarian defenders and criminal defenders is the bavarian draft "a monstroses and police stop "on democracy. In the declaration of the criminal defenders, it is also warned that the predetermined action against marching of right-wing extremists should be broken down the democracy.

How chunkfer may be a gathering?

In fact, the reasoning of the bavarian state government of this aspect likes to be improper. However, civil legislation, which commit to right violence, have pronounced that democracy suspension is ied as a fight against the right. So it is called in an opinion of the burger forum grafenberg: "the restriction of fundamental rights is …. No suitable means in the fight against right-wing extremism, racist violence and intolerance."In text of the bill, however, is spoken of legal and left-wing extremist rules as a risk of democracy.

The fundamental right of the assembly and freedom of freedom should not extend directly to events, "in which no longer the purpose of public opinion and skill is in the foreground … Stands, but your entertaining character".Another clause highlights that "in demonstration decisions on prohibitions and restrictions are also sufficiently impaired rights of third parties". Here the confirmation is delivered a further room for restrictions, conditions and possibly even prohibitions. Thus, the adequate consideration of the rights of third parties can mean that a central place to hold a commercial market priority prior to the start-up of a demonstration.

With the law, the police should also be enameled, in addition to image and sound recordings "also in other ways to collect data". Article 9 explicitly states: "the measures may also be carried out if third parties are affected."

Also, the catalog of administrative offenses and offenses should be extended. For example, pleasant can be punished with a book money, "who, as head of police officers no or no reasonable place has room. The draft contains many formulations that give the resistances and the police a rough discretion. Thus, the participation of drums, flags and other tools for the increase in perception remain fundamentally permitted and falls only below the militanz ban, "when an overall impression arises, taught violence and fight readiness and others thank them".

A pas indicates that the military ban also applies to non-unavailable gatherings. "Even by militat’s participants of a non-unopbitious assembly, a deprivation effect can be amed, for example on police officers, which are called for danger or prosecution of a non-unobservant assembly or other event participants."

In the future, in the future, a combatant pit of a meeting of a meeting or the envision of a combatant demonstration will be punishable? It is therefore to be expected that the reform of the law of assembly, even if it is enforced by the csu majority parliamentary, has not yet spoken the last word. Legal lawsuits are already being explored.

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