It is difficult to take decisions in areas of tension like the discussion of migration, which is highly topical in Austria and in the EU at the moment. Throughout much of history, fundamental freedoms have acquired a specific role and also in this context. The purpose of this study is to identify relationships between the conflicting priorities of religious freedoms and freedoms of assembly.
Public protests between these areas of tension have become more intense. Germany's anti-Islam PEGIDA movement as well as the Identitarian Movement of Austria staged rallies in several cities across Europe to protest against Muslim citizens. Muslim communities have seen pictures of caricatures of Prophet Muhammad at those anti-Islamic movements as a provocation.
The Austrian courts have not examined the question of justice related to above-mentioned areas of tension in comparison to Germany. Hence, it is considered the question whether demonstrators abridge religious freedom of devout believers or not.
This thesis focuses on all relevant parameters of jurisdiction and based on available information’s of previous judgements, an attempt has been made to predict further developments. An example of rallies in Austria has been taken to acknowledge the legal framework.
Based on the result of this study, the national legislative is responsible in the first instance for tackling the consequences of such a scenario that has been illustrated in this thesis. On the whole, the paper contains a description as well as an analysus of the relationship between the two fundamental rights and provides practical examples.