In view of the anti-Israel rally that moved from Neukölln to Kreuzberg on Holy Saturday, Berlin’s Interior Senator Iris Spranger (SPD) defended the reform of the Freedom of Assembly Act planned by the CDU and SPD and the reintroduction of the term “public order”.
“Not only with a view to the meeting last weekend, the concept of ‘public order’ creates a larger framework for action,” Spranger told the Tagesspiegel. “Especially with a view to the fact that Berlin, as the federal capital, is the formal focal point of political and social exchange – also in the form of assemblies – the reintroduction of the Freedom of Assembly Act supports the guarantee of security in Berlin.”
The SPD, Left and Greens had not included the term “public order” in the Freedom of Assembly Act that was passed in 2021. Now the CDU and SPD want to resume it if the coalition building is successful.
The Federal Constitutional Court defines “public order” as the prevailing “social and ethical views” based on the Basic Law, which are essential for orderly coexistence. In general, according to the court’s jurisprudence, only the manner in which a meeting is held can be restricted on the basis of “public order”. For example, neo-Nazi marches cannot be banned across the board, but they can be banned on certain days and places.
The concept of “public order” is also bound to its constitutional interpretation and application.
Iris Spranger, Senator for the Interior
It is doubtful whether the anti-Israel demonstration on Saturday could have been restricted as a result. In the case of inflammatory statements, the police can already restrict gatherings for reasons of “public safety”.
Instead of the term “public order”, the Freedom of Assembly Act currently provides for a number of specific applications that justify a restriction, ban or dissolution of an assembly. The extent to which the police’s scope would be expanded by reintroducing the term remains to be seen.
Critics fear that this could result in restrictions on the right to assembly. Interior Senator Spranger told the Tagesspiegel: “The term “public order” is also bound to its constitutional interpretation and application.”
SPD domestic politicians: Police need instruments against enemies of the constitution
The SPD interior expert Tom Schreiber also defended the planned reform without explicitly linking it to the rally on Holy Saturday. “The police need instruments to check people in advance for anti-constitutional symbols,” said Schreiber, who helped negotiate the coalition agreement for the SPD, the daily mirror.
As an example, he cited the carrying of imperial war flags. “We still want an assembly-friendly law. But we must also be able to take action against those who attack the free democratic basic order under the guise of freedom of assembly.”
Meanwhile, the Tagesspiegel learned that the Office for the Protection of the Constitution is dealing with the Samidoun group, which had called for the rally on Holy Saturday. The group does not appear in the current constitutional protection report from 2021. Nevertheless, “Samidoun” is considered to be close to the “Popular Front for the Liberation of Palestine”.
The police had spoken on Sunday of a trouble-free course of the demonstration. When asked on Tuesday, there was talk of a misunderstanding. According to the current status, the police are only investigating one demonstrator who is said to have shouted “Death to the Jews”. According to a spokeswoman, the police only found out about this on Sunday through a video from the Democ documentation center and then filed a criminal complaint themselves.
According to a police spokeswoman on Tuesday, all other anti-Israel slogans that glorify violence are not relevant under criminal law. Therefore, the police interpreter and the emergency services did not intervene in the demonstration.
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