Futility of the regulatory framework on the organization and operation of public gatherings - the right to protest in Romania

AuthorMarius-Adrian Arva
PositionStudent Police Academy 'Alexandru Ioan Cuza', Faculty of Police
Pages8-14
AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs
ISSN 1843-570X, E-ISSN 2067-7677
No. 2 (2019), pp. 8 - 14
8
FUTILITY OF THE REGULATORY FRAMEWORK ON THE
ORGANIZATION AND OPERATION OF PUBLIC GATHERINGS
THE RIGHT TO PROTEST IN ROMANIA
M-A. ARVA
Marius-Adrian ARVA
Student Police Academy „Alexandru Ioan Cuza”, Faculty of Police
Mailing address: City of Iași, Poitiers Boulevard, no. 18-22, postal code 700671, Iași County
E-mail: arvamariusadrian@yahoo.com
ABSTRACT:
If in the introductory part of the paper we present the constituent elements of the right
to protest in relation to constitutional or conventional provisions and by analyzing some
jurisprudential elements of the national courts and of the European Court of Human Rights,
in the second part we carry out a detailed analysis of the solutions pronounced by the
relevant national courts, based on which we concluded the uselessness of the sanctions
regulation regarding the participation in protest actions carried out in a peaceful context.
KEY WORDS: freedom of expression, freedom of assembly, right to protest,
jurisprudence.
INTRODUCTION
The recent events in the Romanian society's history regarding considerable assemblies
of people, resulting in a strong civic awareness compels the institutional actors involved in
ensuring the orderly climate in the public space to show an increased interest in the legislative
framework by which they act, overcoming in the end the security of each individual.
However, it is imperative that there is a balance between guaranteeing by the state a
favorable environment for the exercise of fundamental rights and freedoms and their justified
limitation, meaning that (…) state authorities are obliged to take not only reasonable
measures, but both firm and adequate ones, in order to ensure the peaceful conduct of lawful
manifestations of its citizens and to oversee the public order keeping (...)
1
.
We underscore that the chosen topic is of high interest in relation to the section
concerned in the conference, given that by presenting the values put into debate by the
national courts, we carry out a detailed analysis of the normative framework in which citizens
exercise some of their basic constitutional rights that sparkled the public attention of the
contemporary Romanian society, more precisely the right of freedom of expression and
assembly.
Moreover, we advocate in the study conducted for the reconfirmation of these rights,
carrying out a thorough study of the solutions given by the national judicial forums in relation
to the exercise of these rights, in antithesis to the coercive attribute of the state authority.
1
Civil Decision no. 732/23.05.2018 of the Suceava Tribunal, available at www.rolii.ro, accessed on
22.11.2019.

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