counter-demonstrators that their behaviour was unlawful and that they should let the PEGIDA demonstration proceed. However, the measures taken by the counter-demonstrators ultimately caused the PEGIDA demonstration to be stopped early. In this regard, the NPM’s criticism was that the authority should have issued a prohibition under Section 13 of the Assembly Act (Versammlungsgesetz) to protect the constitutionally guaranteed rights of assembly and free speech. The NPM cannot judge whether the dissolution of the counter-demonstration would have met the proportionality test in this particular case. However, if there had been a larger police presence, it would have been possible to clear the area. Based on past experiences in Vienna, the authorities and the task force should have expected and prepared for numerous and, at times, potentially violent counter-demonstrators. The commission was very positive about its observations of the PEGIDA demonstration in Vienna. The demonstration was very orderly and the interventions made by police officers were reasonable and deescalated the situation. The officers determined the identities of persons properly and quickly. The commission also observed that conversations between WEGA employees and demonstrators deescalated the situation, as the NPM regularly advocates. PEGIDA demonstration in Vienna Once again the NPM was critical of the fact that the head of one commission, who wished to observe a restraint action, was prevented from doing so by police officers, even though he was wearing the identity card of the NPM on his body so that it was clearly visible. In its comments, the Federal Ministry of the Interior stated that the helmeted police officer initially did not recognise the head of the commission as such. The Federal Ministry of the Interior added that, if the supporting staff provided by the police department of Vienna had been deployed, the incident could have been avoided. Supporting staff The commissions can decide whether to call on supporting staff on a case-by-case basis. There are surely situations in which the authority’s offer makes sense. However, being permanently accompanied by supporting staff is inconsistent with the system of preventive control. Moreover, permanent support is not feasible since the commissions generally divide into small groups and it is often not clear in advance how many small groups will be formed. As in previous years, several delegations observed the demonstrations against the Vienna Academics Ball, which is held every year at the Vienna Hofburg at the end of January. The NPM noted a positive development this year. In contrast to the previous year, the police were well-prepared in 2015. They noticeably improved tactical communication. The Federal Ministry of the Interior stated that the Ministry and the police department of Vienna now strive for active and open communication among all participants when there are large operations. A concept has been developed which includes communication not only with the advertisers at the rallies and the organisers of the events and the demonstrators, but also comprises providing information to the public and the media. Meetings are held Demonstrations against den Academics Ball 151

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