Pravo na slobodu okupljanja u Republici Srpskoj – de lege lata i de lege ferenda
The Right to Freedom of Assembly in Republic of Srpska – de lege lata and de lege ferenda

Author(s): Franjo Dragičević
Subject(s): Human Rights and Humanitarian Law, Civil Society, Public Law, Sociology of Law
Published by: Fondacija Centar za javno pravo
Keywords: Bosnia and Herzegovina; Republic of Srpska; right to freedom of assembly; public law; human rights;
Summary/Abstract: The author analyzes the reasons for proposal of the draft Law on Public Assembly in Republic of Srpska, the similarities and changes prescribed in the draft Law in relation to the effective Law on Public Assembly from 2008., as well as adherence to the standards established in the European Convention on Human Rights (ECHR) and other human rights standards that should be applied to a peaceful assembly and freedom of expression. The analysis shows that the draft Law, without any significant progress, contains identical restrictions on the right to freedom of peaceful assembly as the Law from 2008. Namely, the draft either introduces new or specifies the existing constraints for more efficient and expedient implementation of the regulations in practice, however the existence of legitimate goals and the necessity of a democratic society for the further existence of such constraints, was not taken into account. Therefore, the author considers that it is necessary to draft a new Law based on a proper analysis of the right to freedom of peaceful assembly prescribed in ECHR, article 11, which will be a sign of the maturity of democratic order in which there is no resistance toward acceptance of social activism expressed through the use of the right to freedom of assembly.

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