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Freedom of Association versus Freedom of Assembly

Author

Listed:
  • Gabriela Nemtoi

    (Associate Prof. PhD, “Ștefan cel Mare†University of Suceava, Faculty of Law and Administrative Sciences,)

Abstract

Freedom of assembly occupies an “eminent place†in the system of international acts aimed at the protection of human rights. In this sense, we mention that freedom of association and freedom of assembly are instruments of expression, of collective opinion and as such, due to their role in the existence and development of a democratic society, they assign a central place in establishing the democratic framework of state governance. Freedom of association and freedom of assembly outline the essence of democracy which resides in its ability to resolve issues through public debate. The protection of freedom of assembly targets precisely this exchange of ideas and the collective manifestations of social and political activity. Freedom of assembly covers both private and public assemblies. In this sense, states have a positive obligation to protect those who exercise this freedom against the violence of counter-demonstrators. For this purpose, the states have a wide margin of appreciation of the necessary measures.

Suggested Citation

  • Gabriela Nemtoi, 2022. "Freedom of Association versus Freedom of Assembly," European Journal of Law and Public Administration, Editura LUMEN, vol. 9(1), pages 01-12, June.
    • Handle: RePEc:lum:ejlpa1:v:9:y:2022:i:1:p:01-12
    DOI: https://doi.org/10.18662/eljpa/9.1/165
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    More about this item

    Keywords

    freedom of assembly; freedom of association; human rights; right to peaceful assembly; right to join an association;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law

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