FREEDOM OF ASSEMBLY AS A TOOL FOR SHAPING THE DEMOCRATIC SPACE IN THE CASE OF ECKERT V. FRANCE: SOME OBSERVATIONS ON THE POSSIBLE LIMITATIONS OF THE APPLICATION OF ARTICLE 11 OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENT
FREEDOM OF ASSEMBLY AS A TOOL FOR SHAPING THE DEMOCRATIC SPACE IN THE CASE OF ECKERT V. FRANCE: SOME OBSERVATIONS ON THE POSSIBLE LIMITATIONS OF THE APPLICATION OF ARTICLE 11 OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENT

Summary/Abstract: Based on the circumstances of the Eckert v. France case, the commentary explores the scope of freedom of assembly and how its application has a transformative effect on the national democratic space. The legal status of freedom of assembly creates the precon¬ditions for the affirmation of individual autonomy and strengthens solidarity around a common axiological framework. Although freedom of assembly is intrinsically linked to the requirements of a democratic society, it is not absolute. However, identifying the appropriate way of perceiving and applying the limits of freedom of assembly must be undertaken with the utmost caution and by taking into account undeniable referential factors such as the protection of public order, national security or respect for the rights and freedoms of others. In any case, peace is the main guiding principle to be considered in the context of the application of freedom of assembly. Ensuring the peaceful exercise of freedom of assembly ensures that social differences are overcome and a state of inclusion is achieved.

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