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 sources
2. 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 nondiscrimination)
• 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!