Freedom of Assembly before the Courts: A Case Law Overview from the European Court of Human Rights and Polish Courts
Freedom of Assembly before the Courts: A Case Law Overview from the European Court of Human Rights and Polish Courts

Summary/Abstract: In this text, the authors present an overview of the jurisprudence of the European Court of HumanRights and Polish courts – including the Constitutional Tribunal as well as ordinary andadministrative courts – concerning freedom of assembly. The review covers the legal frameworkunder both the initial, highly liberal statute adopted during the democratic transition in1990 and the more extensive regulation introduced in 2015, together with its 2016 amendmentconcerning cyclical assemblies. The authors conduct a selective review, focusing on the constitutionaland administrative dimensions of the law on assembly. In particular, they examineissues such as the definition of an assembly, notification requirements, grounds for prohibition,and conflicts between assembly law and other areas of administrative law, including the PublicRoads Act and regulations enacted during the COVID-19 pandemic. The analysis demonstratesthe key role that courts have played in shaping the proper interpretation of this fundamentalcivil liberty

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