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After the terrorist attacks by Hamas, a ban on activity in Germany is now to follow. At the same time, there is a ban on the Samidoun network. The legal background.
What exactly are these bans?
Olaf Scholz has announced a ban on Hamas’ activities and a ban on the “Samidoun” network. Both measures are based on German association law. The Federal Ministry of the Interior is responsible for such bans.
A distinction is made between two forms: An “organizational ban” aims to completely destroy a club. This is possible for domestic and foreign clubs that have verifiable sub-structures in Germany. Such a complete ban is now to come for the “Samidoun” group, which recently – but also in the past – organized demonstrations in Berlin in which anti-Semitic and inciting slogans were chanted.
Hamas, on the other hand, is not a domestic association with clear structures, but rather a foreign organization. The EU has classified Hamas as a terrorist organization. The European Court of Justice has also reviewed and confirmed this classification. And the Federal Prosecutor General also classifies Hamas as a terrorist organization.
For such foreign organizations that operate in Germany but do not have fixed structures, there may be a so-called “ban on activity” under German association law. Back in 2014, the then Interior Minister Thomas de Maizière (CDU) issued a ban on the activities of the so-called Islamic State in order to prevent its activities in Germany. A ban on Hamas’s activities would therefore not be a legal novelty.
Which requirements have these bans?
In general, a ban on associations – and also a ban on activities – is possible for associations “whose purposes or whose activities run counter to criminal law or which are directed against the constitutional order or against the idea of international understanding”. This fact would therefore have to be fulfilled.
But you have to remember: a ban on associations has high hurdles. Because the clubs can rely on freedom of association. This is a fundamental right and is often linked to other freedoms, for example when clubs organize meetings or express a common opinion.
A ban must also be based on the entire behavior of a club. Criminal or unconstitutional actions by individual members are not sufficient for a ban. In the event of a dispute, the courts will decide.
What are the consequences of such bans?
The consequences of the “organizational ban” for clubs and the “activity ban” are basically the same: the club or group is no longer allowed to be active in Germany and is no longer allowed to organize meetings. The use of his or her license plates is prohibited and the assets can be confiscated and confiscated. Anyone who maintains or supports the organizational cohesion of the association despite an existing ban is committing a criminal offense.