Article 11 Basic Law

Article 11 of the Basic Law: A comprehensive right to freedom of movement

Article 11 of the Basic Law of the Federal Republic of Germany represents one of the fundamental rights of freedom. In this blog post, we will take a detailed look at its origins, meaning and various contents. We will also look at the restrictions and limitations surrounding this fundamental right. We also take a look at the current case law on Article 11 and analyze its implications. Let us immerse ourselves in the world of the comprehensive right to freedom of movement, as enshrined in Article 11 of the German Basic Law.

Article 11 Basic Law

Article 11 of the Basic Law guarantees the right to freedom of movement. It states that every person has the right to move freely within German territory and to choose their place of residence freely. This fundamental right is of great importance for the exercise of individual freedom and is an important component of our democratic constitutional state.

The right to freedom of movement is one of the fundamental human rights enshrined in many international human rights conventions. It allows citizens to choose their place of residence, change their domicile and move freely within the country, for example to pursue work, education or family ties.

However, there are also restrictions and limitations associated with the right to freedom of movement. The fundamental right can be restricted in order to protect public safety, health, the rights of other people or other important public interests. However, such restrictions must be regulated by law and be in line with the principle of proportionality.

  • An important case law on Article 11 of the Basic Law is the ruling of the Federal Constitutional Court in 1991. In this ruling, it was established that the fundamental right to freedom of movement also applies to foreigners who are legally resident in Germany. The court emphasized the importance of the fundamental right to freedom of movement for individual freedom and participation in social life.
  • History of the development of Article 11 Meaning of Article 11 Contents of Article 11
    Article 11 was discussed and adopted during the drafting of the Basic Law in 1948/1949. The fundamental right to freedom of movement is an important element of a liberal democracy and ensures citizens’ individual freedom of action. Article 11 guarantees the right to move freely within German territory and to choose one’s place of residence freely.

    Origin and meaning

    Article 11 of the Basic Law is an important fundamental right in Germany. This article guarantees the right to freedom of movement for all German citizens. It is interesting to take a closer look at the origins and significance of this article.

    The origin of Article 11 goes back to the time after the Second World War, when Germany had to draw up a new constitution. The basic idea behind this article was to protect people’s personal freedom and give them the opportunity to move freely within Germany.

    The importance of Article 11 cannot be underestimated. It guarantees the right of German citizens to freedom of movement, which means that they can move freely within Germany, choose their place of residence freely and change their place of residence freely. This right is a fundamental element of a democratic society and contributes to individual fulfillment and economic development.

    Contents of Article 11

    Article 11 of the Basic Law regulates the right to freedom of movement in Germany. It states that all German citizens have the right to move freely throughout Germany and to choose their place of residence freely. The right to freedom of movement is a fundamental human right that is enshrined in many international human rights documents.

    The right to freedom of movement allows people to change their place of residence and work, study or live elsewhere. It also enables people to practise their religion freely and preserve their cultural and social ties. This fundamental right contributes to integration and diversity in society and promotes the exchange of ideas and experiences.

    However, there are also restrictions on the right to freedom of movement. These restrictions serve to protect public order, national security or the health and morals of the population. For example, criminal convictions or the risk of a serious criminal offense may justify a restriction of this fundamental right. However, the restrictions must be proportionate and must not be applied in an arbitrary or discriminatory manner.

    Right to freedom of movement

    The right to freedom of movement is a fundamental right enshrined in Article 11 of the German Basic Law. It grants every citizen the right to move freely within the territory of the state and to choose their place of residence freely. This right has a long history and plays an important role in human rights and democracy.

    Article 11 of the Basic Law was introduced in 1949, when Germany set the course for a new beginning after the Second World War. It was an important element of the catalog of fundamental rights that guaranteed citizens individual freedom and self-determination. The right to freedom of movement was deliberately included in the constitution in order to protect citizens from state arbitrariness and restrictions on their personal freedom.

    The contents of Article 11 are clearly formulated. Every citizen has the right to move freely within the country and to choose their place of residence. This means that no one can be forced to stay in a certain place or change their place of residence against their will. This fundamental right applies to all German citizens and also to EU citizens residing in Germany.

    Restrictions on fundamental rights

    Restrictions on fundamental rights

    Article 11 of the Basic Law guarantees the right to freedom of movement in Germany. This right includes the freedom to choose one’s place of residence, to move freely within the country and to leave and re-enter the country. It should be noted that there are certain restrictions that limit the fundamental right to freedom of movement.

    The content of Article 11 defines the right to freedom of movement and sets out the basic conditions. Every German citizen has the right to choose their place of residence within the country and to settle there. This right is not only available to German nationals, but also to EU citizens and some other foreign nationals.

    Case law on Article 11 has given rise to various interpretations over the years. Courts have established that the right to freedom of movement is a fundamental right, but is subject to certain restrictions. These restrictions serve to protect public order, safety and health. For example, restrictions can be imposed on the entry of certain persons or on freedom of movement in the event of epidemics or pandemics.

    • Origin and significance
    • Restrictions on the fundamental right
    • Right to freedom of movement
    Restrictions on the fundamental right Conditions Restrictions
    Assembly ban In the event of security-relevant incidents To ensure public order
    Entry restrictions To protect national security On suspicion of terrorist activities
    Movement restrictions In the event of epidemics or pandemics To protect the health of the population

    Barriers of Article 11

    The restrictions in Article 11 of the Basic Law represent an important limitation on the right to freedom of movement. According to Article 11, all Germans have the right to move freely throughout the federal territory and to choose their place of residence freely. However, this fundamental right is not unrestricted and can be restricted by law.

    One important restriction, for example, is the requirement of a residence permit for foreigners to be able to move freely in Germany. This restriction serves to protect public safety and order and to control immigration. Persons who are in Germany without a valid residence permit may be asked by the authorities to leave the country.

    Another limitation of Article 11 concerns restrictions based on judicial decisions. For example, if a person is convicted of a criminal offense, their right to freedom of movement may be partially or completely revoked. This may mean that the person concerned must remain in a certain region during their time in prison or that they are prohibited from certain areas after their release.

  • A similar restriction on the right to freedom of movement can also be imposed for reasons of public health, as is the case during a pandemic, for example. In such cases, certain regions or countries may be temporarily closed to travel in order to prevent the spread of disease.
  • Restriction Reason
    Residence permit for foreigners Protection of public safety and control of immigration
    Restrictions due to court decisions Criminal offenses and detention measures
    Restrictions for reasons of public health Pandemics and disease prevention

    Case law Article 11

    The case law on Article 11 of the Basic Law plays an important role in the interpretation and application of this fundamental right. Article 11 grants every German citizen the right to freedom of movement within Germany. This means that every citizen living in Germany has the right to move freely within the country and to choose their place of residence. The right to freedom of movement is a fundamental right that protects individual freedom.

    Over time, case law has helped to define the precise limits and conditions of freedom of movement. For example, the Federal Constitutional Court has ruled that this freedom is not absolute and that certain restrictions can be justified if they serve the common good. The right to freedom of movement may be restricted in order to protect public order, safety and health.

    One example of such a restriction is the licensing requirement for certain professions. The Federal Constitutional Court has ruled that licensing restrictions for certain professions can be justified in order to ensure the quality of services and the safety of citizens. However, such restrictions must be proportionate and must not lead to an unreasonable restriction of freedom of movement.

  • Overall, the case law on Article 11 of the Basic Law has helped to create clear guidelines for the interpretation and application of this fundamental basic right. It has taken into account both individual freedoms and the legitimate interests of society.
  • Case law Result
    Federal Constitutional Court Right to freedom of movement can be restricted
    Admission restrictions for certain professions justified

    Frequently asked questions

    What does Article 11 of the Basic Law regulate?

    Article 11 of the Basic Law regulates the right to freedom of movement.

    What is the meaning of Article 11?

    The importance of Article 11 lies in the fact that it protects and enables the fundamental right to freedom of movement.

    What does Article 11 contain?

    Article 11 contains the right of every person to move freely within the federal territory and to choose a place of residence.

    What does the right to freedom of movement mean?

    The right to freedom of movement means that everyone has the right to move freely in Germany and to choose their place of residence.

    What restrictions are there on the fundamental right to freedom of movement?

    The fundamental right to freedom of movement can be restricted by certain restrictive regulations, e.g. for reasons of public safety.

    What limits apply to Article 11?

    Article 11 may be restricted by law to the extent necessary to prevent a threat to public safety.

    Are there any significant court rulings on Article 11?

    Yes, there are a number of important court rulings that deal with the fundamental right to freedom of movement under Article 11.

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    Herzlich willkommen auf gesetzblog.com! Ich bin Ali, der Autor hinter diesem Blog. Mit einer Leidenschaft für deutsches Recht teile ich hier aktuelle Entwicklungen, Analysen und Einblicke in die juristische Welt. Als bringe ich mein Fachwissen ein, um komplexe rechtliche Themen verständlich zu erklären und Diskussionen anzuregen. Vielen Dank, dass Sie vorbeischauen, und ich freue mich darauf, gemeinsam mit Ihnen die faszinierende Welt des deutschen Rechts zu erkunden.

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