The Right of Assembly in Central Europe

The article deals with the legal regulation of the right to freedom of peaceful assembly in Germany, Austria, the Czech Republic and the Slovak Republic with regard to the jurisdiction of the European Court of Human Rights (ECHR). The chosen topics focus on the definition of assembly, the relations...

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Main Author: Petr Černý
Format: Article
Language:English
Published: Universidad de Jaén 2020-12-01
Series:Age of Human Rights Journal
Subjects:
Online Access:https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5786
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author Petr Černý
author_facet Petr Černý
author_sort Petr Černý
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description The article deals with the legal regulation of the right to freedom of peaceful assembly in Germany, Austria, the Czech Republic and the Slovak Republic with regard to the jurisdiction of the European Court of Human Rights (ECHR). The chosen topics focus on the definition of assembly, the relationship between freedom of expression and property rights together with the right of assembly.  In each of above-mentioned countries, the assembly to which constitutional protection is granted, the definitiondiffers slightly; with the widest concept of assembly deriving from the judicature of the ECHR. The constitutional protection of the Assembly, in particular found in Germany and Austria, which is significantly narrower than the protection provided by the European Convention on Human Rights, may thus at some stage come  into conflict with the requirements of the ECHR. The section devoted to freedom of speech deals, among other things, with cases exhibiting shocking photographs, which were part of the campaign against abortion, in front of schools in the Czech Republic and the Slovak Republic. In the future, the most serious problem is the conflict of the right of assembly along with the right of ownership, consisting in assemblies held on private property, which is used by the public, such as shopping malls, airports or railway stations. This has been the focus of the professional public and the courts for a long time, especially in Germany.
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spelling doaj.art-d51b8891113e4d5096634459d452fd332022-12-22T03:48:11ZengUniversidad de JaénAge of Human Rights Journal2340-95922020-12-011510.17561/tahrj.v15.5786The Right of Assembly in Central EuropePetr Černý0University of Jan Evangelista Purkyně The article deals with the legal regulation of the right to freedom of peaceful assembly in Germany, Austria, the Czech Republic and the Slovak Republic with regard to the jurisdiction of the European Court of Human Rights (ECHR). The chosen topics focus on the definition of assembly, the relationship between freedom of expression and property rights together with the right of assembly.  In each of above-mentioned countries, the assembly to which constitutional protection is granted, the definitiondiffers slightly; with the widest concept of assembly deriving from the judicature of the ECHR. The constitutional protection of the Assembly, in particular found in Germany and Austria, which is significantly narrower than the protection provided by the European Convention on Human Rights, may thus at some stage come  into conflict with the requirements of the ECHR. The section devoted to freedom of speech deals, among other things, with cases exhibiting shocking photographs, which were part of the campaign against abortion, in front of schools in the Czech Republic and the Slovak Republic. In the future, the most serious problem is the conflict of the right of assembly along with the right of ownership, consisting in assemblies held on private property, which is used by the public, such as shopping malls, airports or railway stations. This has been the focus of the professional public and the courts for a long time, especially in Germany. https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5786right to freedom of assemblyfreedom of expressionassemblyEuropean Convention on Human RightsEuropean Court of Human Rightslaw of property/ownership right
spellingShingle Petr Černý
The Right of Assembly in Central Europe
Age of Human Rights Journal
right to freedom of assembly
freedom of expression
assembly
European Convention on Human Rights
European Court of Human Rights
law of property/ownership right
title The Right of Assembly in Central Europe
title_full The Right of Assembly in Central Europe
title_fullStr The Right of Assembly in Central Europe
title_full_unstemmed The Right of Assembly in Central Europe
title_short The Right of Assembly in Central Europe
title_sort right of assembly in central europe
topic right to freedom of assembly
freedom of expression
assembly
European Convention on Human Rights
European Court of Human Rights
law of property/ownership right
url https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/5786
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