RECEPTAREA JURISPRUDENŢEI C.E.D.O. ÎN CADRUL CONTROLULUI DE CONSTITUŢIONALITATE AL REGLEMENTĂRILOR PRIVIND ORGANIZAREA ŞI DESFĂŞURAREA ADUNĂRILOR PUBLICE
RECEIVING ECHR CASE LAW WITHIN THE CONSTITUTIONAL REVIEW OF REGULATIONS CONCERNING THE ORGANIZATION AND CONDUCT OF PUBLIC ASSEMBLIES

Summary/Abstract: This study aims to reemphasize the national and international rules governing the freedom of assembly, a fundamental right established at a constitutional level in EU member states. As such, it presents the international legal rules concerning the freedom of peaceful assembly and the principles established by ECHR case law, as well as the national regulation for freedom of assembly and how the Constitutional Court of Romania has received the Strasbourg Court case law. It supports the view that, considering the proliferation of public gatherings at national level, the incidents frequently generated by their conduct, as well as the controversial positioning of the “actors” involved, a legislative intervention would be welcomed if it were to clarify the legal framework concerning the organization and conduct of public gatherings, which obviously didn’t “keep up” with ECHR case law.

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