Freedom of association

Freedom of association is the right to associate for common purposes and goals to strive for and these together ( freedom of association, right of association ). It is one of the fundamental rights. Freedom of association is also in its negative form: Everyone has the right not to join a group or association, or to withdraw from such a.

Germany

In Germany the freedom of association in Article 9 of the Basic Law (GG) is guaranteed, whereby between the general freedom of association under Article 9 paragraph 1 of the Basic Law and the Freedom of Article 9, paragraph 3 of the Basic Law is to be distinguished.

In the general freedom of association in Article 9, Section 1 is a German basic law, ie it applies only to the citizens of the Federal Republic of Germany. In contrast, the freedom of association under Article 9, paragraph 3 GG for everyone is guaranteed.

Article 9 of the Basic Law

( 1) All Germans have the right to form associations.

( 2) associations whose purpose or activities contravene the criminal laws or which are directed against the constitutional order or the concept of international understanding, are prohibited.

( 3) the right to form, in order to safeguard and improve working and economic conditions shall be guaranteed for everyone and all professions. Agreements, seek to restrict this right or impede, are void; measures directed is unlawful. Measures referred to in Articles 12, 35 § 2 and 3, Article 87a, paragraph 4 and Article 91 may not be directed against industrial disputes that are applied for the maintenance and improve working and economic conditions of associations within the meaning of sentence 1.

Religious freedom is seen as part of freedom of religion (see the Bahai decision ).

Intervention

State impairment of freedom of association are possible from start- up to the resolution stage. No interventions are the rules, determine the types of association ( oHG, AG) in the first place.

Justification

Article 9 paragraph 1 of the Basic Law does not expressly under statutory reservation. Article 9, paragraph 2 of the Basic Law, however, contains a prohibition of certain associations and by hM viewed not as a protection area shortening, but as a constitutional justification for engagement. So Ultimately, it is a qualified legal reservation.

Other prohibited grounds than those in Article 9, paragraph 2 of the Basic Law are excluded.

France

In France, the freedom of association is guaranteed by Article 2 of the Law of 1 July 1901. It applies irrespective of nationality for all people. According to Article 3 of this Act, the Freedom of Association but shall not apply to such activities that violate the law or morality or which are directed against the territorial integrity of France or the republican form of government.

Switzerland

In Switzerland, the freedom of association is guaranteed by Article 23 of the Federal Constitution. Here, under the freedom of association are the exclusive associations which pursue an ideological purpose. Associations for economic purpose are protected only by the economic freedom.

Article 23 of the Federal Constitution

( 1) Freedom of association is guaranteed.

( 2) Everyone has the right to form, join or to belong and to participate in the activities of associations of associations.

(3 ) No one may be compelled to join or to belong to an association.