Abstract
The Constitutional Court held that the bare carrying of crosses near churches and the possible disturbance of church-goers do not serve as a base to prohibit an assembly. It stated that the prohibition of an assembly may only be an ultima ratio solution. Therefore, the Constitutional Court repealed the decision of the Administrative Court of Upper Austria. The present decision is remarkable as it indicates a change in the procedure of scrutiny regarding an alleged infringement of the freedom of assembly. In connection with other recent decisions the judgment at hand reveals at least a partial change in the scope of judicial review regarding the right to freedom of assembly as guaranteed in Article 12 StGG and ipso facto a successive approximation to the level of scrutiny the ECtHR applies when addressing Article 11 ECHR.
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