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
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