Masowe uczestnictwo osób jako przesłanka reglamentacji organizowania zgromadzeń, imprez masowych i pozostałych imprez artystycznych i rozrywkowych
Mass participation of people as a premise for rationing the organization of gatherings, mass events and other artistic and entertainment events
Author(s): Marcin HalkiewiczSubject(s): Law, Constitution, Jurisprudence, Sociology of Law
Published by: Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie
Summary/Abstract: Mass participation of natural persons in various events involves a few activities treated differently by law, depending on its purpose or where the given event takes place. A legislator reserves different restrictionsfor assemblies organised in accordance with the constitutional right of the people to assemble peaceably, and yet different restrictions and certain limitations are reserved for public mass events and other cultural and musical events. It cannot be denied however that taking into consideration a number of participants in such events, legal regulations should be more uniform. On the other hand peaceable nature, specific purpose and treating the organisation of assemblies as a manifestation of the constitutional freedom decidedly differentiate them from sporting, musical or cultural events. However, as far as sporting, musical and cultural events are concerned the regulations concerning them are also diversified depending on where the event takes place, and what the previous experience concerning safety is (e.g. high risk). A legislator introduces restrictions on assemblies and public mass events, and other cultural and musical events taking into account the protection of people’s life, health and property to a large degree as well as sometimes the protection of public morality, and opportunities to violate the regulations of criminal law. The creation of certain conditions making it possible for local government bodies to intervene, leaves some space for their instrumental treatment. That is why one should consider working out certain standards of assessing risk resulting from organising a given event. Cases from recent past serve as good material for formulating motions de lege ferenda
Journal: Studia Prawnicze: rozprawy i materiały
- Issue Year: 5/2007
- Issue No: 1
- Page Range: 161-173
- Page Count: 13
- Language: Polish