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Konstytucyjna wolność zgromadzeń i jej ograniczenia
CONSTITUTIONAL FREEDOM OF ASSEMBLY AND ITS LIMITATIONS

Author(s): Ewa Kubas
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Wydawnictwo Uniwersytetu Rzeszowskiego
Keywords: Constitution of the Republic of Poland; assembly; spontaneous assem-bly; limitations; democracy

Summary/Abstract: In this publication, the author analyzes the article 57 of the Polish Constitution, which concerns the freedom of assembly and the provisions limiting this freedom. Considerations on the presented topic allow for the conclusion that the freedom of assembly plays an extremely important role in the functioning of a democratic state of law and allows the society to participate in the public debate on many important issues. The analysis shows that this freedom is not, however, absolute and the existing restrictions are necessary for the state andits individual institutions to function efficiently and for the possibility of using other rights and freedoms guaranteed in Poland.Keywords:Constitution of the Republic of Poland, assembly, spontaneous assem-bly, limitations, democracyIntroductionFreedom of assembly, which was introduced in the article 57 of the Constitution of the Republic of Poland of 2 April 19971plays an ex-tremely important role in the functioning of a democratic state ruled by law, as it enables participation in a public debate on a specific issue of importance to society. According to the provision, everyone is guaran-teed the freedom to organize and participate in peaceful assemblies. This freedom may be restricted by the state. Therefore, the Constitution does not refer in detail to the type and scope of restrictions on this freedom and in this respect refers to the Law on Assemblies -the Act of 24 July 20152-which regulates this type of social activity and to other provi-sions concerning this freedom. The Constitution of the Republic of Po-Uniwersytet Rzeszowski, e-mail: ekubas@ur.edu.pl, ORCID: 0000-0003-1952-3875.1Journal Of Laws of 1997, No. 78, item 483 as amended.2Uniform text, Journal Of Laws of 2019, item 631 as amended.

  • Issue Year: 20/2022
  • Issue No: 04
  • Page Range: 160-171
  • Page Count: 12
  • Language: Polish