Versammlungen auf Hochschulliegenschaften

Since Hamas's attack on Israel on October 7th 2023, numerous pro-Israeli and pro- Palestinian protests have occurred across Germany. This development has extended to universities, where it has manifested in various forms, including gatherings on forecourts, lecture hall occupations and protest camps lasting weeks or months on university grounds. The handling of these demonstrations has triggered not only political but also legal debates. From a legal perspective, a key question is whether Article 8 (1) of the Basic Law confers a right to use university property for assembly purposes. In addition, it must be clarified under what conditions universities may or even must intervene on the basis of their domestic authority - and when intervention by the assembly authorities is appropriate. In a ruling dated 27 November 2024, the Higher Administrative Court of North Rhine-Westphalia decided in preliminary injunction proceedings on the eviction of a protest camp that had been in place for several months on a lawn at the University of Aachen. The author takes this decision as an opportunity to analyze in more detail the requirements of freedom of assembly in the context of protests on campus.