The European union’s practice for the peaceful assembly
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
Based on the analysis of international acts and European Court of Human Rights, the article provides a scientific interpreting the essence and content of the right to freedom of peaceful assembly in the EU member states. It determines the volume of the EU institutions’ competence for the procedure of exercising the right to freedom of peaceful assembly. The article is devoted to the analysis of the European practice of the use of acts on peaceful gatherings and the development of proposals for the acquisition of positive foreign experience on the subject. This article describes the essence of the right to peaceful assembly, investigates the legislative cases of limiting this right, analyzes the European practice of the use of acts of peaceful assembly. The author describes that freedom of assembly often overlap with freedom of expression and freedom of opinion, and often the violation of one of the freedoms automatically entails restrictions on the other. The basic standards of freedom of assembly investigated are not exhaustive: in new rulings, the European Court of Justice continues to expand and clarify the content of the Convention in accordance with the development of society and the transformation of the benchmarks of the European public order. The author states that the competence of the European Union is limited to issues that have been secured at the level of the relevant treaties. The sources of EU law have been analyzed for the conclusion of agreements that would provide the opportunity to consolidate the right to freedom of peaceful assembly and determine the procedures for its implementation. The views of European authors that implemented certain aspects of the right to freedom of peaceful assembly on the part of the EU within the framework of joint programs to counter and prevent crimes and offenses arising from Part VI of the EU Constitution are noted.
Authors and Affiliations
Anna Sviatnenko
Keywords
Related Articles
- EP ID EP545764
- DOI -
- Views 123
- Downloads 0
Legal analysis as a scientific knowledge
The main theoretical approaches to the concepts designation, essence and features of analytical method and analytical activity in the legal field are analyzed. A performance of analytical method would involve the collect...
The problem of the correlation of natural and positive law in the national legal thought of ХІХ–ХХІ
The problem of interaction of natural and positive law in the theoretical concepts of domestic supporters of the theory of natural law of the nineteenth and twentieth centuries is investigated. Various approaches to meth...
The open and high-security state prisons in the penitentiary system of Denmark
The article analyzes the stages of Denmark prison reform during the XVIII–XXI centuries. Legal and organizational rules for the penitentiary and prison convicts. The prison system of the Kingdom of Denmark in the XVII ce...
Idea of lawfulness in development process of legal state
Author analyzes the relation between the categories «lawfulness», «rule of law» and «state of law» as ideals of social development. It is pointed out that is it necessary to implement specially specified requirements, co...
«Нate speech» – discrimination or restriction of freedom of speech? (Analytical intelligence)
The article deals with the problems of defining the concept of «hate speech» and the problems of its application. It is noted that this term is quite new in legal discourse. Studying the criteria for recognizing this phe...