Freedom of assembly and of association

1. Common sources

2. Right to assembly

3. Right to association

4. 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) concessionb) free foundation of bodyc) 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

Thank you for your attention!