If you intend to hold a fixed or moving public assembly in the open air, you must notify the competent authority in good time. The notification is usually confirmed by the authority and may be subject to restrictions, depending on the circumstances of the individual case.
The Bavarian Assembly Act grants everyone the right to hold public assemblies and to participate in such assemblies. Therefore, neither the organization nor the participation in an assembly requires the permission of an authority.
Only open-air assemblies within the pacified area around the Bavarian Parliament require a separate permit, which can be granted by the Bavarian State Ministry of the Interior, for Sport and Integration in agreement with the President of the Bavarian Parliament. Applications in this regard must be submitted to the Bavarian State Ministry of the Interior, for Sport and Integration no later than seven days before the announcement of the assembly. This does not affect the obligation to report the assembly to the City of Munich.
Public open-air assemblies take place on generally accessible streets, squares and paths, which is why, according to the Bavarian Assembly Act, the competent assembly authority must reserve the right to make regulations, for example, to protect the participants in the assembly and the participants in general road traffic.
A prerequisite for this is the information that a public assembly in the open air is to take place as a stationary or moving assembly. For this reason, you must notify the competent authority (in principle the local district office or the municipality; in the case of urgent assemblies also the police) in good time - this applies irrespective of the expected number of participants - that an open-air assembly is planned and provide the following information:
- Location of the assembly (in the case of moving assemblies, the route),
- time (intended start and expected end of the assembly),
- organizer and leader with personal data (surname, first name, maiden name, address).
As a rule, you will then receive a confirmation of notification from the authorities, which may be subject to restrictions depending on the circumstances of the individual case.
However, there is no obligation to notify the authorities in the case of gatherings in enclosed spaces.
Attention is drawn to the prohibition of weapons and uniforms at assemblies.
You must report an assembly to the competent authority (district office, independent municipality in whose area the assembly is to take place) if
- it is public, i.e. if everyone has the possibility to participate in it,
- it is to take place outside closed premises (it is irrelevant whether at a fixed location or in the form of an assembly moving from location A to location B), and
- two or more persons are to come together for a collective discussion or rally which is predominantly aimed at participating in the formation of public opinion.
As a rule, cultural, scientific, religious, sporting or commercial public events such as theatre performances, concerts, processions, street festivals, flea markets etc. are not notifiable assemblies. Different provisions apply to so-called public amusements. Industrial action, such as picketing in front of companies, is generally not a public gathering and therefore does not have to be reported. However, the situation is different for rallies outside of business premises in the context of (warning) strikes, which are intended to inform the public about the contents of imminent or ongoing industrial action.
According to the Bavarian Assembly Act, such an open-air assembly must be announced 48 hours before its public announcement - not to be confused with the start of the assembly. Announcement of an assembly is understood to be the notification by the organiser of the place, time and subject of the assembly to a specific or unspecified group of people, e.g. by announcement on a homepage or in a newspaper. Saturdays, Sundays and public holidays are not taken into account when calculating the time limit.
Special regulations apply to so-called emergency and spontaneous meetings. In the case of an emergency meeting, the reason for the meeting arises at short notice. In this case, the notice must be submitted to the competent authority at the latest when the meeting is announced. In the case of a spontaneous meeting, the notification requirement does not apply. However, a spontaneous meeting is only deemed to exist if it is unplanned and without an organiser, and arises from a situation or an immediate cause.
Display for assembly
Content: Organizer, responsible leader, day, time, place, topic, expected number of participants, intended course of the meeting, objects brought along for the implementation or technical aids.
- In principle, administrative fees are not charged in the right of assembly. A fee obligation only exists if in justified individual cases an exception to the weapons ban at assemblies (e.g. for bodyguards) is applied for. For these cases, a fee range of 15.00 to 200.00 euros is provided.
Responsible for editing: Bayerisches Staatsministerium des Innern, für Sport und Integration
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