243. Maik and Sybille want to hold a street demonstration with friends in the German municipality where they reside. What must they do beforehand?

Answer options

1. They do not have to do anything. In Germany, one may demonstrate anywhere at any time.
2. They must notify the authorities of the demonstration.
3. They cannot do anything at all, because demonstrations are fundamentally prohibited in Germany.
4. Maik and Sybille must found a new association, because only associations are allowed to demonstrate.

Explanation

Freedom of assembly (Art. 8 Basic Law) protects public demonstrations that are peaceful and unarmed; assemblies in the open air are subject to a statutory reservation. Under the Länder assembly acts (formerly § 14 Federal Assembly Act) there is a notification requirement—not a licensing regime—typically 48 hours before public announcement, to enable risk prevention and logistical coordination. Restrictions such as conditions or bans are permissible only exceptionally under the principle of proportionality; the Federal Constitutional Court’s Brokdorf decision (1985) is seminal. This framework reflects the lessons of authoritarian rule and the Nazi dictatorship and safeguards a robust, pluralistic public sphere.