Assembly; Display

If you wish to hold a stationary 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 can be linked to restrictions.

Description

The Bavarian Assembly Act grants everyone the right to organize 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 district around the Bavarian Parliament require a separate permit, which can be issued by the Bavarian State Ministry of the Interior, Sports 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 Sports 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 responsible assembly authority must reserve the right to make regulations, for example, to protect the assembly participants and 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. Therefore, you must notify the competent authority (in principle, the local district office or municipality; in the case of emergency assemblies, also the police) in good time - this applies regardless 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 beginning and expected end of the assembly),
  • subject,
  • 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.

Prerequisites

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 opportunity to participate in it,
  • it is to take place outside closed premises (whether at a fixed location or in the form of an assembly moving from location A to location B is irrelevant), and
  • two or more persons are to come together for a joint discussion or rally that is predominantly aimed at participating in the formation of public opinion.

As a rule, cultural, scientific, religious, sporting or commercial public events such as theater performances, concerts, processions, street festivals, flea markets, etc. are not notifiable assemblies. Different regulations apply to so-called public amusements. Industrial action, such as picketing in front of companies, is not a public gathering and therefore does not generally require notification. However, the situation is different for rallies outside business premises in the context of (warning) strikes, which are intended to inform the public about the content of imminent or ongoing industrial action.

Deadlines

According to the Bavarian Assembly Act, such an open-air assembly must be announced 48 hours before it is publicly announced - not to be confused with the start of the assembly. Announcement of an assembly is understood to mean notification by the organizer 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 deadline.

Special regulations apply to so-called urgent and spontaneous meetings. In the case of an emergency meeting, the reason for the meeting arises at short notice. In this case, the notification must be submitted to the responsible office 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 arises unplanned and without an organizer, out of a situation or an immediate cause.

Required documents

  • 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.

Fees

  • As a rule, administrative fees are not charged in the field of assembly law. Fees are only charged if, in justified individual cases, an exception to the ban on weapons at assemblies is requested (e.g. for bodyguards). For these cases, a fee range of 15.00 to 200.00 euros is provided.

Legal bases

Remedy

Administrative court proceedings; information

Administrative court action
If necessary, granting of interim legal protection in the run-up to an assembly

Related issues

Status:07.07.2023

Responsible for editing:Bayerisches Staatsministerium des Innern, für Sport und Integration

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