Title: "Far-right Concert Organizer Keeps Permit Amidst Controversy"
In a surprising turn of events, a far-right concert organizer from Bautzen, Central Saxony, has retained his business license. This decision, made by the Higher Administrative Court (OVG) in Bautzen, Saxony, reversed an earlier ban imposed by the local public order office.
The court ruling came after an appeal submitted by the organizer following the public order office's decision in February to prohibit his trading activities. However, the expedited appeal by the innkeeper was dismissed by the administrative court, eventually leading to this higher court hearing.
Numerous concerts featuring far-right bands had been held in the restaurant, the court documented. The Federal Office and the State Office for the Protection of the Constitution reported various criminal acts such as "Sieg-Heil" chanting and Hitler salutes. However, the organizer did not interfere in his capacity as a steward or an organizer.
The court asserted that the illegal findings about potential criminal offenses at the concerts, as mentioned in the official certificates from the Federal Office and the State Office for the Protection of the Constitution, couldn't be utilized by the regulatory authority or the court due to the guidelines set by the Federal Constitutional Court for the transmission and use of data collected by intelligence services. These guidelines only permit the use of such data to prevent major criminal offenses, not the crimes in question.
The court also emphasized the separation principle between the Office for the Protection of the Constitution and the police in Saxony. According to the provision, no secret service with police powers is maintained in the Saxony state. Since there were no grounds, beyond the "non-usable findings of the constitutional protection authorities," to challenge the organizer's trustworthiness, this couldn't be proven.
Additional Insights
While the Federal Constitutional Court's data transmission and use standards don't specifically address using findings for potential criminal offenses at far-right rock concerts, they establish a broader framework that regulates data collection and use. This framework emphasizes transparency, accountability, and protection of individual rights and freedoms, ensuring such actions are lawful and constitutional.
Sources: **, Enrichment data
