Facts

The Federal Court decided that the restriction imposed by the Canton of Bern on the number of participants in political and civil society rallies to 15 persons constitutes a disproportionate and thus unconstitutional interference with the freedom of assembly.

The facts can be summarized as follows

  • In June 2020, the Federal Council issued the Covid-19 Ordinance on the Special Situation, which contained provisions for events.
  • On November 4, 2020, the Canton of Bern issued its own ordinance, which, in deviation from the federal ordinance, set the maximum number of participants for events at 15 persons.
  • This restriction was extended several times and finally raised to 100 persons in April 2021, before it expired at the end of May 2021.
  • Several organizations and individuals filed a complaint against the cantonal ordinance.

Considerations

The Federal Court concluded that the restriction of the number of participants in political and civil society rallies to 15 persons constitutes a severe interference with the freedom of assembly. Although the legal basis for the measure was generally given, the interference was disproportionate.

The court stated that the freedom of assembly is a central prerequisite for the free democratic formation of will and the exercise of political rights. Rallies serve in particular the expression and formation of political opinion. Against this background, a general limitation of the number of participants to 15 persons is disproportionate, as it would effectively deprive the freedom of assembly of its substance.

The court emphasized…