Asigurarea dreptului la libertatea întrunirii în contextul ordinii și securității publice [Articol]

Abstract

The right to peaceful assembly to protest, manifest, celebrate, commemorate and pass collective opinions to authorities and other citizens is at the foundation of functional democratic systems. It is acknowledged that the state must guarantee and ensure the security of peaceful assembly and this aspect must be stipulated in its national legislation related to the freedom of assembly as well as the police powers and duties. In accordance with international provisions, practices and recommendations from specialized organizations, the main duty of the police consists in granting the right to assembly, assuring public order and security. Hence, an approach based on human rights must be at the foundation of all activities oriented towards maintaining public order during meetings and demonstrations. In this respect, public authorities in charge, particularly the Police and the General Carabineer Inspectorate, will ensure and guarantee the freedom of assembly of all citizens in line with national and international provisions. It is paramount to establish clear-cut procedures concerning the management of public events as well as of crises that might arise during such events. Hence, it is crucial that all factors involved, especially decision-making ones, are familiar with them and instruction is necessary and mandatory in this regard.