Act No. 252 / 2016 Coll.
Act amending Act No. 84 / 1990 Coll., on the right of assembly, as amended
Valid
Law
Effective from 01.11.2016
Text versions:
01.11.2016
03.08.2016
252
THE LAW
of 12 July 2016
amending Act No. 84 / 1990 Coll., on the right of assembly, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Act on the right of assembly
Act No. 84 / 1990 Coll., on the right of assembly, as amended by Act No. 175 / 1990 Coll., Act No. 151 / 2002 Coll., Act No. 259 / 2002 Coll., Act No. 501 / 2004 Coll., Act No. 274 / 2008 Coll. and Act No. 294 / 2009 Coll., is amended as follows:
1. In Paragraph 1 (1), the words "citizens have 'are replaced by the words" everyone has'.
2. In Paragraph 1 (2), the word "citizens' is deleted.
3. In Article 1, at the end of paragraph 2, the sentence "Parades shall also be considered as assembly within the meaning of this law if they serve for the purpose mentioned in the first sentence."
4. Paragraph 1 (3) is deleted.
Paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.
5. In Paragraph 1 (3), the words "a public authority 'are replaced by the words" a public authority'.
6. In Article 1 (4), the words "a radius of 100 m from the buildings of the legislative bodies or from the places where they act 'are replaced by the words" the proximity of the buildings of the Parliament of the Czech Republic, in the places defined in the Annex to this Act'.
7. in Article 2 (a), the words "State authorities" are replaced by the words "public authorities."
8. in Article 4 (1) (b), footnote 2 is inserted after the word "companies":
"2) Act No. 3 / 2002 Coll., on the Freedom of Religious Religion and the Status of Churches and Religious Societies and on the Amendment of Certain Laws (Act on Churches and Religious Societies)."
9. in Paragraph 4 (1) (c), the word 'citizens' shall be deleted;
10. Paragraph 4 (2) is deleted.
Paragraph 3 shall become paragraph 2.
11. in Paragraph 5 (1):
"(1) The convener shall notify the assembly of the Office in such a way that the Office receives the notification at least 5 days in advance. The Authority may, where justified, accept a notification within a shorter period. The legal person shall be notified of the person who represents him or her in this matter. '
12. in Article 5 (3) (d), the word "street" shall be deleted;
13. in Article 5 (3) (e) and (f):
"(e) the name and, where applicable, the name, surname, date of birth, the address of the place of permanent residence or the address of the place of registered residence, if any, if it is a stranger (hereinafter referred to as" the address of the place of residence "), and the address of delivery, if the address of the place of residence of the caller does not correspond to that of the place of residence, as well as the address for sending information by e-mail, telephone number or other contact details available; in the case of a legal person, its name and address and, where applicable, its names, surname, date of birth, address of the place of residence and address of service, if it does not match the address of the place of residence, as well as the address for sending the information by e-mail, telephone number or other available contact details of the person representing it in the case;
(f) the name, names, surname, date of birth, address of the place of residence and address for sending information by e-mail, telephone number or other available contact details of the person empowered to act on behalf of the caller, if represented or if there is a group of persons. ";
14. in Article 5 (4), the word "written" shall be inserted after the word "attach."
15. in Article 5 (5) and (6):
"(5) If the appellant does not provide the information referred to in paragraph 3, or if the information is incomplete, inaccurate or false, or if the appellant does not submit the consent referred to in paragraph 4, the appellant's authority shall immediately draw the notice's attention to the defects.
(6) If the appellant does not remove the defects of the notification within the time limit set by the Office or it is not an assembly under this law, the Office shall defer the notification without undue delay. The decision on appeal shall be given no later than 3 working days after the date on which the appeal is lodged. ';
16. in Article 6 (1), the third sentence is deleted;
17. in Article 6 (3) and (6), the words "competent department of the Police of the Czech Republic" are replaced by the words "Police of the Czech Republic";
18. in Paragraph 6 (5) (a), the words', in particular to follow the instructions of the Office and the Police of the Czech Republic 'shall be inserted after the word "assembly."
19. in Article 6 (5), the words "to be present at the assembly which he has notified and" shall be inserted at the beginning of point (c).
20. In the first sentence of Article 7 (3), "firearms or explosives' is replaced by" firearms, explosives or pyrotechnic articles'.
21. In Article 8, the current text becomes paragraph 1 and the following paragraphs 2 to 6 are added:
"(2) The Office may, where necessary for the purposes of protecting public policy or the rights and freedoms of other decisions, lay down the conditions for holding the assembly. The Office may lay down the conditions for the holding of the assembly, in particular where, at the same place and at the same time, another assembly or public accessible cultural, sporting or other social undertaking (hereinafter referred to as the" public accessible undertaking ') has not been agreed to adjust the time or place of the assembly or the public accessible undertaking between the convener or the person hosting the public accessible undertaking.
(3) The Office may send a representative to the assembly, to whom the convener is obliged to create conditions for the proper performance of his duties, in particular to enable him to monitor the course of the assembly and to carry out the acts necessary to dissolve the assembly if necessary.
(4) The representative of the Office may, at the assembly site, give instructions to ensure the purpose of the assembly, to eliminate discrepancies in the conflict of rights of multiple conveners, including the instruction to modify the assembly venue, or to conflict of different rights and to protect public order, health and property.
(5) In exercising its authority, the representative of the Office shall proceed in such a way that any intervention in the right to freedom of assembly or other right shall conserve its substance and shall not exceed what is necessary to achieve the purpose pursued by the law.
(6) If the representative of the Office is not present or if circumstances so require, in particular the extent or nature of the assembly, a member of the Police of the Czech Republic ("the police officer") may act mutatis mutandis in accordance with paragraphs 3 to 5. ';
22. In Section 10 (1) of the Introductory Part of the provision, the word "notified 'is deleted.
23. in Article 10 (1) (a), the word 'citizens' shall be replaced by 'persons';
24. in Paragraph 10 (2) (b), the words "and there was no agreement between the appellants on the adjustment of its time" shall be replaced by the words "there was no agreement between the appellants on the adjustment of its time or place of performance and the setting of the conditions under Article 8 (2) would be manifestly ineffective."
25. in Article 10 (4), the words "the National Committee referred to in Article 8" shall be replaced by the words "the Office referred to in Article 8 (1)."
26. Sections 11 to 14, including the title, read:
(1) The Office shall decide on the prohibition of the assembly without undue delay, but no later than 3 working days after the notification it has received complies with the formalities required by this law. The Office shall decide on the conditions for the holding of the assembly within 3 working days of the date on which it was notified, in accordance with the first sentence, of another assembly at the site or of other circumstances justifying the establishment of the terms of the assembly, but no later than 2 working days before the performance of any of the assembly concerned. The establishment of the conditions for holding the assembly shall not prevent the performance or fulfilment of the purpose of the previously notified assembly or of the previously prepared public undertaking accessible to the public. There is no appeal against decisions under the first and second sentences.
(2) The Office shall deliver the decision referred to in paragraph 1 by means of a public order. The Office shall send the addressee a written copy of the decision without undue delay. The decision is delivered by hanging.
(3) An action against a decision of the Office pursuant to paragraph 1 may be brought by the appellant within 15 days of its notification. The Court of First Instance shall decide within 3 working days of the filing of the application and, if the conditions of the proceedings are not fulfilled, from the removal of the defects in the proceedings which the court is obliged to call for without undue delay. The Court of First Instance shall, in the proceedings, serve the parties and persons involved in the proceedings by hanging on the official record of the court. The Court of First Instance shall, at the same time as the publication of the notice, send the document in a manner which would otherwise have served it under the Rules of Procedure and may, as the case may be, use other means of informing the parties and persons involved in the proceedings in such a way that their rights are investigated as far as possible. Upon revocation of the decision of the Office, the appellant shall be entitled by the court to organise the assembly in accordance with the notification. If the court withdraws the decision of the Office after the date of the notified assembly, it may be held at a later date so as to take place within 30 days of the date on which the decision of the Court of First Instance becomes final; in such a case, the convener shall inform the Office of the date of the assembly not later than 1 working day before the meeting.
(1) Where a meeting is held, although prohibited, a representative of the Office shall invite the convener in the manner referred to in paragraph 5 to terminate the assembly without delay.
(2) The assembly which takes place without being notified in accordance with Article 5 may be dissolved by the representative of the Office if circumstances arise which would justify its prohibition under Article 10 (1) to (3), or if it is prohibited by law. This also applies to meetings which are not announced.
(3) A assembly which has been notified and has not been prohibited may be dissolved in the manner referred to in paragraph 5 if it has deviated substantially from the purpose notified in such a way that circumstances have occurred during the assembly which would justify its prohibition under Paragraph 10 (1) or exceptional circumstances which would justify its prohibition under Paragraph 10 (2) or (3).
(4) The Assembly may be dissolved in accordance with the procedure laid down in paragraph 5 if it can reasonably be considered that its participants are committing criminal offences, unless the participants comply with the decision of the Office or the obligations of the members of the Assembly under paragraphs 7 (3) and 7 (4) have been fulfilled and the remedy has not been remedied by other means, in particular by an intervention against the individual participants of the Assembly.
(5) Dissolution is an on-the-spot intervention. The Assembly dissolves the representative of the Office by calling upon the caller to terminate the Assembly. If the convener does not take effective measures to break up the participants peacefully, in particular does not invite them to break up, the representative of the Office shall inform the participants that the assembly is dissolved and invite them to break up peacefully. The communication shall include the reasons for dissolution and the warning of the consequences of non-compliance with this call and shall be made in such a way as to make it understandable to the participants and to enable all the participants of the Assembly to meet it.
(6) If the representative of the Office is not present or if the representative of the Office is not present, the assembly may also be disbanded by a police officer and also by a representative of the Regional Office in whose administrative district the assembly takes place or by the Ministry of Interior; the provisions of paragraph 5 shall apply mutatis mutandis. Where an act to dissolve the assembly has been carried out without the presence of a representative of the Office, the officer or representative of the administrative authority shall, in accordance with the first sentence, inform the Office of the operation carried out within 15 days.
An action against the dissolution of the assembly may be brought by the convener or party to the assembly within 15 days.
Transfers
(1) A natural person commits an offence by:
(a) disobeys or impedes the performance of their duties by the convened or designated organisers of the Assembly;
(b) in contravention of Article 7 (2), prevents the participants of the assembly from disbanding peacefully;
(c) unduly impedes or impedes access to the assembly by the participants in the assembly;
(d) fails to comply with the instructions of a representative of the Office or of a police officer granted under Paragraph 8 (4);
(e) prevent the participants of the assembly from fulfilling the purpose of the assembly by improper conduct; or
(f) unjustly obstructs others to a substantial extent in the exercise of the right of the gatherer.
(2) As a member of the Assembly, a natural person commits an offence by:
(a) in contravention of Article 7 (3), he shall carry a firearm, an explosive or a pyrotechnic article or other objects which may be harmful to his health;
(b) in contravention of Article 7 (4), the face is covered in a manner which makes it difficult or impossible to identify; or
(c) in contravention of Article 12 (5), it shall not comply with the appeal of the caller for a peaceful breakup from the closed assembly or with the call of a representative of the Office or of a police officer for a peaceful breakup from the dissolved assembly.
(3) A natural person, as convened by the Assembly, commits an offence by:
(a) in breach of Article 5 (1), convene or hold a meeting without notice;
(b) organise a meeting which is prohibited by law or by decision of the Office or is convened by such a prohibited assembly;
(c) without any serious reason, it fails to fulfil any of the obligations under Article 6 (4) to (6);
(d) fails to fulfil one of the conditions for holding the assembly provided for by the Office under Paragraph 8 (2); or
(e) contrary to Article 12 (5), it shall not take effective measures to ensure that the participants of the Assembly are peacefully separated.
(4) A fine of up to CZK 15,000 may be imposed for the offence referred to in paragraphs 1 to 3. "
footnotes 2 and 3 are deleted.
27. The following Sections 14a and 14b are inserted after Section 14, including the headings:
Administrative offences of legal persons
(1) The legal person shall, as the convened assembly, commit an administrative offence by:
(a) in breach of Article 5 (1), convene or hold a meeting without notice;
(b) organise a meeting which is prohibited by law or by decision of the Office or is convened by such a prohibited assembly;
(c) fails to fulfil any of the obligations under Paragraph 6 (4) to (6);
(d) fails to fulfil one of the conditions for holding the assembly provided for by the Office under Paragraph 8 (2); or
(e) contrary to Article 12 (5), it shall not take effective measures to ensure that the participants of the Assembly are peacefully separated.
(2) A fine of up to CZK 30,000 shall be imposed for the administrative offence referred to in paragraph 1.
Common provisions on administrative offences
(1) The legal person shall not be liable for an administrative offence if he proves that he has made every effort to prevent an infringement.
(2) In determining the amount of the fine to a legal person, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed and the consequences thereof and the circumstances in which it was committed.
(3) Liability for an administrative offence shall cease if the competent authority has not initiated proceedings on it within 1 year of the date on which it became aware, but no later than 3 years from the date on which it was committed.
(4) Administrative offences under this law are dealt with by the municipality at first instance.
(5) The fines are collected and enforced by the authority which imposed them. The revenue from the fines shall be the revenue from the budget from which the activity of the authority which imposed the fine is covered. ';
28. Article 15 shall be deleted;
29.
The decision given pursuant to Articles 8 (2) and 10 is the first act in the proceedings. '
footnotes 4, 4a and 4b are deleted.
30. In Article 19, the words "communicable diseases' are replaced by the words" infectious diseases' (3).
Footnote 3:
"(3) Title III of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended."
31. the following Annex shall be added to the law:
"Attachment to Act No. 84 / 1990 Coll.
Places where gatherings are prohibited
1. House, Prague 1,
2. At the Golden well, Prague 1,
3. Tomášská, Praha 1,
4. Thunovská, Praha 1,
5. Waldstein Square, Prague 1,
6. Waldstein, Prague 1,
7. Castle, Prague 1,
8th pavement adjacent to the north edge of Malostranská Square, Prague 1, between the crossroads with the street Zámecká, Prague 1, and Tomášská, Prague 1, and
9. Letenská, Prague 1, in the section between Malostranská square, Prague 1, and the intersection with Josefská street, Prague 1. "
Efficacy
This Act shall take effect on the first day of the third month following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 252 / 2016 Coll., amending Act No. 84 / 1990 Coll., on the right of assembly, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.08.2016 |
|---|---|
| Effective from | 01.11.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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