On the edge of the opencast lignite mine, members of the movement “Hambi stays!” set up camp. That should not stop, the administrative judge in Aachen ruled.
Aachen (dpa) – A protest camp at Hambacher Forst has to be cleared. A corresponding removal order from the district of Düren from November 2018 was legal, the Aachen administrative court ruled according to a notice.
Accordingly, the pasture owner must remove all structures and not have new buildings built. Members of the “Hambi stays!” set up camp with several makeshift buildings. The verdict is not yet legally binding. (AZ: 5K 3922/18)
The legal dispute between the owner and the district of Düren has been smoldering for years and has already occupied several bodies, including the Federal Constitutional Court. With the ruling in the current proceedings, the administrative judge also confirms the position of the district, which is based on the legally enshrined prohibition on building in the open air. The Hambach forest is a symbol of the dispute between climate protectors and the coal industry.
To get around this prohibition, the plaintiff could not invoke the fundamental right to freedom of assembly, as this only protects peaceful assemblies without weapons. In view of the numerous criminal offenses and violent acts in the Hambach forest, this could not be the question, the chamber found.
The plaintiff can appeal against the decision to the higher administrative court in Münster. According to a court spokesman, the protest camp may initially remain in place until it becomes final.
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