⚖️ Rights in public space: orders to leave and begging
In brief
There is no nationwide ban on begging. Only "aggressive" or organised begging can be restricted as an administrative offence (nuisance to the public, § 118 OWiG) or through municipal special-use bylaws; silent, passive begging is considered permitted common use of public space under several administrative-court decisions. Orders to leave a place or exclusion orders must be proportionate and name a concrete danger or disturbance – blanket removal solely because of homelessness is not legally permissible without more.
Step by step
- Ask for the reasonIf you are ordered to leave a place, ask for the specific reason – it must name an actual danger or disturbance, not just "homelessness" in general.
- Know about silent beggingSilent/passive begging (sitting, without actively approaching people) is permitted under the prevailing case law – if it is banned nonetheless, consider an objection (Widerspruch) or legal advice.
- Ask about the local bylawIf a ban is issued, ask about the local special-use bylaw – rules differ from city to city.
- Involve adviceIf measures are repeated or feel disproportionate, involve a specialist advice centre or legal advice.
Deadlines
- There is no nationwide ban on begging – only "aggressive" or organised begging can be prohibited as an administrative offence (nuisance to the public, § 118 OWiG) or through municipal bylaws.
- Municipal rules on begging are inconsistent – what is permitted in one city can be restricted by bylaw in another.
- Orders to leave a place must be proportionate and relate to a concrete danger or disturbance – blanket removal solely because of homelessness is not legally permissible without more, but is nevertheless reported in practice.
- A leading decision of the highest court (BVerfG) specifically on begging could not be found in this research – case law on it takes place mainly at the level of the administrative courts.
In depth · legal basis, figures and practice – for advisers and professionals
§ 118 OWiG: nuisance to the public
§ 118 OWiG covers grossly improper conduct that is likely to annoy the public or impair public order. In practice, this is understood mainly as aggressive, intrusive or organised begging, not simple, silent asking for a gift.
Silent begging as common use
According to administrative-court case law – for example the Higher Administrative Court of Baden-Württemberg (decision of 6 July 1998, Az. 1 S 2630/97) and the Administrative Court of Düsseldorf (decision of 5 June 2023, Az. 18 L 896/23) – calm, silent begging without active approach or coercion constitutes common use of public street space that requires no permit and needs no special-use permit.
Municipal special-use bylaws
Cities and municipalities can restrict certain forms of begging in their special-use bylaws (e.g. in the immediate vicinity of cash machines, entrances or certain squares). These rules are not uniform nationwide and differ considerably between individual municipalities.
Order to leave a place
The legal basis for an order to leave a place is the general clauses of the state police acts. It must satisfy the constitutional principle of proportionality (Art. 20 Abs. 3 GG) and requires a concrete danger or disturbance in the individual case – a blanket practice of removing homeless people from certain areas solely because of their presence is therefore not legally covered, but according to reports from professional associations is nevertheless occasionally applied in practice.
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