12 Art. 11 GG: Freedom of Movement

Abstract

This chapter discusses freedom of movement, a fundamental right guaranteed by Art. 11 of the Grundgesetz (GG). It first examines the Federal Constitutional Court's jurisprudence regarding the scope of protection for freedom of movement, focussing on the issue of forced relocation and freedom to leave, before considering the limitations on freedom of movement in the form of residence assignments. In particular, it analyses the Court's decision in the case involving the Law on the Assignment of Residences governing the so-called later emigrants in Germany and their right to freedom of movement. Finally, it explains the relevance of Art. 11 GG to forced relocation to allow infrastructure and mining projects.