Is a club allowed to be politically active and express opinions on certain topics?
May 28, 2023 | 55,00 EUR | answered by Roberta Lahn
Dear Law Firm,
I am reaching out to you because I am a member of an association that has recently become more politically active on various issues. I am unsure if an association is allowed to be politically active and if there could be legal consequences.
Our association was founded several years ago to represent the interests of environmentalists. Recently, we have been speaking out more on current political issues such as climate protection, renewable energies, and sustainability. We have also been appearing publicly, for example through press releases, events, and participation in demonstrations.
I am concerned that our association may be in violation of association law and could face consequences as a result. Are there clear legal boundaries that an association must adhere to when engaging in political activity? What options are available to ensure that we are acting legally and in accordance with association law as an association?
I would greatly appreciate it if you could provide me with legal information on this matter and suggest possible solutions. Thank you in advance for your support.
Sincerely,
Max Ullmann
Dear Mr. Ullmann,
Thank you for your inquiry regarding the political activities of your association and possible legal consequences. The topic of association law is indeed very complex, and it is important to comply with the legal framework to avoid problems.
In Germany, associations are generally allowed to engage in political activities and take positions on various political issues. This is protected by the fundamental right to freedom of speech and falls under the autonomy of associations. However, there are certain limits that an association must adhere to in order to operate within the framework of association law.
First and foremost, it is important that the political activities of the association are in line with the association's purpose. For example, if your association advocates for environmental protection, it is logical for it to also address political issues such as climate protection. However, it is important that the political activity does not overshadow the primary purpose of the association and that it continues to represent the interests of its members.
Furthermore, it is important for the association to remain neutral and not engage in party politics. This means that the association should not be affiliated with or support a specific party. It is important that the association is open to all members, regardless of their political beliefs.
When the association appears publicly, for example through press releases or events, it is advisable to clearly communicate that it represents the opinion of the association and not the opinion of individual members. Additionally, it is important to ensure that the activities of the association comply with association law and do not violate any laws, such as the Party Law or Assembly Law.
To ensure that your association is acting legally and in accordance with association law, I recommend developing an internal policy or guideline for political activities. This can clearly define which political topics the association addresses, how external communication is conducted, and which boundaries must be observed. It may also be beneficial to seek legal advice from an expert in association law to ensure that all activities of the association are legal.
I hope that this information is helpful to you and I am available for further questions.
Sincerely,
Roberta Lahn
