Úskalí koncepce předpokládaného účelu shromážďování – úvaha k možnostem omezení shromažďovacího práva
Pitfalls of the Concept of the Intended Assembly – Consideration of the Possibility of Limiting the Right of Assembly

Summary/Abstract: The article deals with question of prior restraints of freedom of assembly and was inspired by so-called „Crystal Night“ case decided by the Supreme Administrative Court of the Czech Republic (8 As 51/2007- 67). The author controverts conception formulated by the Supreme Administrative Court which empowers state authorities to forbid (to prior restrain) announced assembly because of presumed illegal purpose of such assembly. Czech Right to Assembly Act No. 84/1990 Coll. provides that state authorities may consider only „announced purpose“ of forthcoming assembly. The author draws attention to constitutional risks of the Supreme Administrative Court conception of restriction of the freedom of assembly. Attention is focused on comparison of prior restraint and dissolution of an assembly, question of unwanted preference for nonannounced assembly and question of applicability of Supreme Administrative Court test formulated in socalled „Workers Party“ case for the purpose of limitation of a right to associate in political parties. The author examines the conception of presumed purpose of assembly by three-step test formulated by European Court of Human Rights: an interference with the right to assembly is only legitimate if it is prescribed by law, it pursues a legitimate aim (for example protection of reputation or rights of others, public safety) and it is “necessary in a democratic society”. The author disputes whether first and third step of mentioned test is fulfilled.

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