UNIVERSITY OF COLOGNE

PhD student: Clara Veelken, M.Iur.
 

In recent years, debates on the scope of protection granted by Article 8 of the Basic Law have become increasingly relevant. Not only did they rise in significance on a national level due to covid-restrictions but they also did on a local level due to the new version of the North Rhine-Westphalian Assembly Act.

With regard to the right of assembly, continuing globalization and digitization raise the question of the extent to which virtual assemblies, for example via video conferencing applications or social networks, can and should also be covered by the scope of protection of freedom of assembly. The dissertation examines in detail whether digital assemblies can be protected contrary to the wording of Art. 8 I GG ("to assemble") and further provisions (e.g. "without weapons" or "in the open air"). It also incorporates norms of international law, some of which recognize online dimensions of freedom of assembly as requiring protection. 

Moreover, due to the controversial competitive relationship between the "democracy-constituting" fundamental rights of Art. 5 and 8 GG, it is to be examined whether an expansion of the scope of protection of the fundamental right of assembly does not prove necessary in order to do justice to the importance of freedom of opinion, information and broadcasting in the virtual space as well.

Finally, the project also discusses the consequences of extending the scope of protection of Article 8 of the German Constitution to virtual assemblies: How could conflicts arise between the police-proof nature of the right of assembly on the one hand and the state's non-assembly law powers of intervention in the digital space on the other? Do the assembly laws of the federal states, some of which have recently been amended, need to be provided with corresponding new regulations? And to what extent are private operators of social networks obliged to permit the holding of virtual assemblies?