Niektóre kwestie dotyczące regulacji prawnej zgromadzeń
Some issues relating to the legal regulation of assemblies
Author(s): Ada DobkowskaSubject(s): Administrative Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: assemblies; law and freedom; Constitution; Law on assemblies;
Summary/Abstract: According to the current Constitution, the status of an individual is determined by human rights and fundamental freedoms. One of these freedoms of a political nature is freedom of assembly. It has its foundations in Polish constitutions, starting with the March Constitution and ending with the Constitution of the Republic of Poland in 1997, as well as in international law. The aim of the article will be to analyze the current regulations in this area, taking into account the most problematic issues. It is worth bearing in mind that in the field of freedom of assembly, the Constitution provides in Art. 57 possibility of statutory regulation, but, importantly, it does not refer to the act. Therefore, it seems that this problem can be solved without the par- ticipation of the Constitutional Tribunal by way of a pro-constitutional interpretation of the Act of 5 December 2008 on preventing and combating infections and infectious diseases in humans. Moreover, the notification of the intention to organize an assem- bly, despite the prohibition being introduced, does not result in issuing a decision prohibiting the assembly, as the premises for issuing such a decision do not provide for such a situation.
Journal: Kortowski Przegląd Prawniczy
- Issue Year: 2022
- Issue No: 3
- Page Range: 5-16
- Page Count: 12
- Language: Polish