Freedom of association in Germany

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Date
2025
Authors
O’Grady, Leannán Martan
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School of Law, University College Cork
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Abstract
Within the Basic Law for the Federal Republic of Germany (Grundgesetz GG1), the freedom of association (Vereinigungsfreiheit) is enshrined as a fundamental right (Grundrecht). Fundamental rights are an expression of a community of values and culture and serve both as defensive rights against state interference and, as in the case of freedom of association, as participatory rights (Mitwirkungsrechte) in the political and democratic process.2 They are delineated in Article 1 to Article 19 of the Basic Law3 and significantly shaped by the opposition between state authority and individual rights. This is also expressed through the Basic Law’s commitment to a so-called militant democracy (wehrhafte or streitbare Demokratie),4 which refers to the idea that a democratic state has the right and duty to defend itself against those who seek to abolish democracy using democratic means.
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Freedom of association , Germany
Citation
O’Grady, L. M. (2025) 'Freedom of association in Germany', Societās Working Paper 24/2025 (26pp). Cork: School of Law, University College Cork.
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https://hdl.handle.net/10468/17836
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Law - Societās Working Paper Series
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© 2025, the Author(s). Views expressed do not represent the views of the Societās project or the School of Law at UCC.