Hostname: page-component-cd9895bd7-p9bg8 Total loading time: 0 Render date: 2024-12-27T10:36:10.734Z Has data issue: false hasContentIssue false
  • English
  • Français

Cutting-in On the Dance: The Federal Constitutional Court Rejects a Motion for a Temporary Injunction from Berlin's Love Parade

Published online by Cambridge University Press:  06 March 2019

Extract

Core share and HTML view are not available for this content. However, as you have access to this content, a full PDF is available via the ‘Save PDF’ action button.

To characterize the administrative lead-up to the 12th Annual Love Parade in Berlin it might be more appropriate to invoke the violent, thrashing mosh pits of the grunge scene from a decade ago rather than the pulsing, rhythmic harmony expected of a rave, of which the Love Parade may be the world's largest and most celebrated. Held on July 14 each year since 1989, the Love Parade in recent years has drawn more than a million people for a day-long dance/party/festival all set to the distinctive drive of techno-music. The Love Parade has become so popular that in 1997 it spawned an alternative, opposition festival called the Fuck Parade, which has been held each year on the same day at another location in Berlin, promising a more authentic, less commercialized rave.

Type
Research Article
Information
German Law Journal , Volume 2 , Issue 13 , 2001 , E1
Copyright
Copyright © 2001 by German Law Journal GbR 

References

(1) Merriam-Webster Collegiate Dictionary (Online) http://m-w.com/cgi-bin/dictionary Google Scholar

(2) Hilker, Chris, The Official alt.rave FAQ (visited July 31, 2001) http://www.hyperreal.org/raves/altraveFAQ.html.Google Scholar

(4) The Federal Constitutional Court denied a motion for a temporary injunction from the Fuck Parade in the same decision, applying the same reasoning to both applications. For the sake of expedience, this report focus only on the application of the Love Parade.Google Scholar

(5) See above, in this issue“ The Federal Constitutional Court's Emergency Power to Intervene: Provisional Measures Pursuant to Article 32 of the Federal Constitutional Court Act.Google Scholar

(6) Dave Eggers bestseller from a year-ago, A HEARTBREAKING WORK OF STAGGERING GENIUS, has been promoted by some as a Generation-X manifesto. It portrays a sarcasm, cynicism beyond its author's years. It begins with the dedication page (“I am tired. I am true of heart!”) and the bitingly ironic “Rules and Suggestions for Enjoyment of this Book” and the tone runs strongly through the Preface and Acknowledgements: “Further, this edition reflects the omission of a number of sentences, paragraphs, and passages. Among them: …” and “”the author wishes first and foremost to acknowledge his friends at NASA and the United States Marine Corps, …“Google Scholar

(7) Hilker, Chris, The Official alt.rave FAQ (visited July 31, 2001) http://www.hyperreal.org/raves/altraveFAQ.html.Google Scholar

(8) Id.Google Scholar

(9) Id.Google Scholar

(10) The use of samples of other recordings to create “techno” music has generated its own line of legal issues as the holder of the rights to sampled recordings fight to preserve those rights from takings by DJ's.Google Scholar

(3) The main thoroughfare running east-west through Berlin's central Tiergarten and the Brandenburg Tur, the street was named in honor of the uprising in East Berlin and throughout East Germany on June 17, 1953. The movement was put down by the occupying Soviet forces.Google Scholar

(11) The right to freely assemble is protected by Article 8(1) of the German Basic Law: “All Germans shall have the right to assemble peacefully and unarmed without prior notification or permission.” This right is qualified by Article 8(2) with respect to “outdoor assemblies,” which “may be restricted pursuant to a law.” The law governing assemblies is Germany's Gesetz über Versammlungen und Aufzüge (Versammlungsgesetz) vom. 24. Juli 1953 (Assembly and March Act of 1953). The Act provides for registration of an outdoor assembly or march in Sections 14 and 15.Google Scholar

(12) BVerfG, 1 BvQ 28/01 vom 12.7.2001, Para. 7 http://www.bverfg.de.Google Scholar

(13) Id.Google Scholar

(14) Id. at Para. 8.Google Scholar

(15) Id.Google Scholar

(16) Id. at Para. 10.Google Scholar

(17) Id. at Para. 13, citing BVerfGE 34, 211, 216; BVerfGE 36, 37, 40; BVerfG 1. Kammer des Ersten Senats, NJW 2001, p. 1411.Google Scholar

(18) BVerfG, 1 BvQ 28/01 vom 12.7.2001, Para. 15 http://www.bverfg.de.Google Scholar

(19) Id. at Para. 16; see Donald P. Kommers, THE CONSTITUTIONAL JURISPRUDENCE OF THE FEDERAL REPUBLIC OF GERMANY 395 (1989).Google Scholar

(20) BVerfG, 1 BvQ 28/01 vom 12.7.2001, Para. 16 http://www.bverfg.de.Google Scholar

(21) Id. at Para. 18 http://www.bverfg.de.Google Scholar

(22) Interview with Dr. Andreas Scheuermann, Max Magazine July 19, 2001 (visited at the Love Parade website July 31, 2001, http://www.loveparade.de).Google Scholar

(23) Bilanz der Love Parade, N-TV Online (visited July 31, 2001) http://de.news.yahoo.com.Google Scholar

(24) Id.Google Scholar

(25) Id.Google Scholar