As of: March 1, 2024, 10:41 a.m
By: Susanne Greiner
Comments
Press
Split
State Minister Herrmann answered the question from state parliament member Gabriele Treibel on the subject of a possible general decree regarding the Monday demonstrations.
© private
Landsberg - To what extent has the district office exhausted the legal means of a general decree (AV) for regulating the volume, vehicles and route of Monday walks in order to protect city center residents?
Kauferinger state parliament member Gabriele Triebel (Greens) made this request to the state government.
State Minister Joachim Herrmann has now responded.
The District Office (LRA) can ban the meeting if public safety or order is “immediately endangered” by the meeting.
However, this interference with freedom of assembly is possible “only to protect other equally important legal interests while strictly maintaining proportionality” - which is why there are high requirements for the issuance of an AV.
So far this has not been possible because the meetings on Wednesdays were always registered for the following Monday with a different route and a different number of vehicles and participants.
However, the LRA can impose restrictions - although freedom of assembly also means that the organizer can decide for himself “the place, time, type and content of a meeting”.
Request for Monday demos - third parties always affected
At meetings there are always disruptions that “society has to endure”.
“If freedom of assembly conflicts with the rights of third parties (e.g. noise protection or protection of safety and ease of traffic),” both sides must be weighed against each other – especially with regard to “the duration and intensity of the action, its prior announcement, alternative options, the urgency of the action blocked activity of third parties”, but also “the material connection between the affected third parties and the object of the protest.” In other words, to what extent the topic of the respective meeting affects the affected citizens.
Switch off engines
The district office has so far decided that moving the location of the demonstration would be too much of an interference with freedom of assembly.
However, the office imposed weight restrictions and prohibited engines from running during the meeting in the main square.
The last meeting was already much quieter, but the meeting before it was still felt to be very loud at times.
She wonders whether the district office should not have taken more account of the “consideration to protect inner-city residents,” said Triebel.
“The ball is now in the Landsberg district office.”