Freedom of assembly and of association Common sources Right to assembly Right to association Freedom of foundation of a party
1. Common sources2. Right to assembly • National constitutions (Belgian, German) • International treaties (International Covenant on Civil and Political Rights, ECHR Article 11) • Practice of Strasbourg: - right to counter-demonstration but tranquillity (A) - security measures (CH) - demonstration against judicial procedure (F) • Hungarian constitutional regulation: - 1945 departmental order signed by the Interior Minister - Act I of 1989: assembly-association together - Act XXXI of 1989 Articles 62 and 63
- Act III of 1989 * boundaries – crimes, rights of other people * organizer – civic rights * duty of registration * police interdict – representative authorities, courts + order of traffic * (2004: congestion or by another route not) + judicial way * dispersal – crime, rights of other people + armed + without registration * guaranties of criminal law – injury of freedom of assembly, breach of peace * right to assembly of soldiers
- Decision 55/2001 AB * communication right * „peaceful assembly” * spere of organizers * duty of registration * „right to traffic” * dispersal in case of lack of registration
3. Right to association • Opinions against association (Rousseau, Act on Le Chapelier) • National constitutions (Belgian, Dutch) • International treaties (Universal Declaration , International Covenant on Civil and Political Rights, ECHR) • Soviet model: structure of society, association • Act II of 1989 + amendment to the constitution * boundary – with political aim + armed * freedom of foundation of a party + freedom of coalition Types of organization: • Social organization, association vs. • Public body (The Hungarian Academy of Sciences), economic, trade Chamber * obligatory membership (no right to negative association)
Exterior and interior right to association - relation between state and association: * system of foundation of association: a) concession b) free foundation of body c) normative conditions, Decision 6/2001 AB: dragging out of the procedure * Case of Szivárvány: Decision 21/1996 AB – state’s duty of child protection + ECtHR * supervision on legal grounds: association vs. party - right to interior association * fundamental rules, admission of new members (Boy Scouts), rights of membership * organizational construction: general meeting, execution, representation – democracy?
4. Freedom of foundation of a party • Political will formation; mediatory function (Act on non-discrimination) • Duty of putting up a candidate: Decision 53/1996 AB - L. Sólyom • Exterior freedom: - equal opportunity: Decision 27/1998 AB – 5% - prohibition of fascist parties - armistice: 810/B/1992 (1993) - ECtHR:* X. v. Italy * Case of ÖZDEP: proscription of Kurd party – injury of Article 11 but Refah-prohibition not! - prohibition of party membership, conflict of interest * Case of Rekvényi – „historical circumstances” * Case of Vogt: dismissal of a German communist teacher - injury of Article 11 - party financing: * budgetary subsidy but not for everything (BVerfGE) * control of management – National Audit Office
Interior freedom: - requirement of interior democracy - prohibition of party organization in place of employment - cessation: court