On December 17, 2021, the state parliament of North Rhine-Westphalia passed the North Rhine-Westphalia Assembly Act, which was based on a draft by the state government and came into force on January 7, 2022.
The aim of the law is to create clear and comprehensible regulations for demonstrations and rallies that are geared towards today's world. The Federal Assembly Act, which was in force until 6 January 2022, has been repeatedly concretized, supplemented and interpreted by case law in recent decades, making it almost impossible to understand on its own.
The new law also gives the police the necessary powers to protect the freedom of peaceful assembly. The law is essentially based on the previous federal law and adds further aspects to it:
Promoting cooperation between police and event organizers
In practice, preliminary talks between the police and organizers of demonstrations have already taken place in the past. However, there has been no explicit requirement to do so to date. The Assembly Act gives cooperation between the police and organizers a new quality so that demonstrations can run smoothly and the freedom of demonstrators can be guaranteed.
More rights and obligations for assembly leaders
Until now, the police were primarily responsible for ensuring compliance with the law during an assembly. It is now clearly regulated that the assembly leader also has the right and duty, in consultation with the police, to exclude those causing significant disruption from the assembly. However, as the exclusion of participants in a demonstration has considerable potential for escalation, such orders always require the consent of the police.
Condemn disruptors more strongly and more precisely
In future, targeted disruptions of upcoming demonstrations will be prohibited in order to increase the protection of the assembly. This means, for example, that so-called blockade training before a demonstration, which is solely intended to disrupt the assembly, is prohibited.
Minister Herbert Reul commented: "It is unacceptable that troublemakers should be allowed to practise how best to disrupt peaceful demonstrations. Because everyone has a right to demonstrate peacefully and a right to protection."
Clear guidelines for a ban on violence and intimidation
The new law brings the ban on wearing masks in line with the requirements of case law: masks are therefore prohibited if they are intended to conceal one's identity in order to commit crimes or similar disturbances anonymously. In addition, the wearing of uniforms or similar items of clothing is prohibited if they convey a willingness to use violence and therefore have an intimidating effect.
Prevent trivialization of the Nazi regime
The new law aims to prevent right-wing extremist propaganda that is on the edge of legality. The memorial days of November 9 (Reichspogromnacht) and January 27 (liberation of Auschwitz) will be placed under special protection.