Act No. 84 / 1990 Coll.
Law on the right of assembly
Valid
Effective from 29.03.1990
84
THE LAW
of 27 March 1990
on the right of assembly
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Preliminary provisions
(1) Everyone has the right to gather peacefully.
(2) The exercise of this right serves to exercise freedom of expression and other constitutional rights and freedoms, to exchange information and opinions and to participate in the resolution of public and other common issues by expressing positions and opinions. Parades shall also be considered to be assembly within the meaning of this law if they serve for the purpose indicated in the first sentence.
(3) The assembly does not require prior authorisation from a public authority.
(4) Assembly in the vicinity of the buildings of Parliament of the Czech Republic shall be prohibited in the places defined in the Annex to this Act.
The following shall not be regarded as assembly within the meaning of this Act:
(a) assembly of persons related to the activities of a public authority governed by other legislation;
(b) meetings related to the provision of services;
(c) other gatherings not serving the purpose referred to in Paragraph 1 (2).
The delegation of power shall be tacitly extended for periods of an identical duration.
(a) the municipal office in whose territorial district the assembly is to take place;
(b) by an authorised municipal authority, if the place of assembly exceeds the territorial district of the municipal office;
(c) the Regional Office where the place of assembly exceeds the administrative district of the entrusted municipal office;
d) Ministry of the Interior if the venue of the assembly exceeds the border of the region
("the Authority ').
Call of the Assembly
The Assembly may be convened by a citizen older than 18 years of age or by a legal person established in the Czech Republic, or by a group of persons (hereinafter referred to as "the caller ').
(1) The Assembly must be notified to the Authority with the exception of:
(a) gatherings organised by legal persons accessible only to their members or workers and, in particular, invited guests;
(b) gatherings organised by churches or religious society2) in a church or other prayer, procession, pilgrimage and other gatherings, and gatherings serving as manifestations of religion;
(c) meetings held in dwellings;
(d) the assembly of persons specifically invited in closed spaces.
(2) The Council of the Municipality may, by means of a regulation, designate the places where the assembly may be held for the purpose set out in Paragraph 1 (2) without notification. In doing so, it may determine the period within which such meetings may not take place.
(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 representative of the legal person.
(2) No account shall be taken of the notification to be made by the caller less than 6 months before the date of the assembly.
(3) In the notification, the caller shall state:
(a) the purpose of the assembly, the date and place of the assembly, and the opening time; if the assembly is in a public place, the estimated time of its termination;
(b) the estimated number of participants in the assembly;
(c) the measures to be taken to ensure that the assembly takes place in accordance with the law, in particular the necessary number of organisers over the age of 18 to be designated for the organisation of the assembly and the manner in which they are designated;
(d) if it is a parade, the starting point, the route and the end point;
(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 known 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, name, 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.
(4) If the assembly is to take place in the open air outside the public domain, the convener shall be obliged to attach written consent to the notification to the owner or, where appropriate, the owner of the land.
(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.
Authorisations and obligations of the convener
(1) The convener is entitled to take all measures to convene the assembly. In particular, it shall be entitled, in accordance with the notified purpose of the assembly, to invite in person or in writing or otherwise to participate in it. The Office shall, as far as possible and in circumstances, assist the caller.
(2) The authorising officer referred to in paragraph 1 shall cease to exist if the notification requirement laid down in Article 5 or if the assembly has been prohibited.
(3) If there is a reasonable concern that the assembly will be cancelled, the caller may ask the Office or the Police of the Czech Republic to provide protection for the assembly.
(4) The convener shall, directly or with the assistance of the organisers, issue instructions to the participants to ensure the proper conduct of the assembly.
(5) The caller is obliged
(a) provide the Office, at its request, with the assistance necessary to ensure the proper conduct of the assembly, in particular to comply with the instructions of the Office and the Police of the Czech Republic and to comply with the obligations laid down by specific legislation;
(b) ensure the necessary number of eligible organisers over the age of 18;
(c) be present at the assembly notified by it and manage the course of the assembly so that it does not deviate substantially from the purpose of the assembly specified in the notification;
(d) to give binding instructions to organisers;
(e) ensure the peaceful conduct of the assembly and take measures to ensure that it is not disturbed;
(f) terminate the assembly.
(6) If the caller fails to make amends in the event of disruption of the peaceful course of the assembly, the Office or the Police of the Czech Republic shall, without undue delay, request the necessary assistance and invite participants to resume the peaceful course of the assembly by their own means. It may also do so if the participants do not break up peacefully after the meeting.
(7) If a petition comes from the assembly, it shall be followed in accordance with the special provisions 1)
(8) The provisions of the preceding paragraphs shall apply mutatis mutandis to gatherings which do not need to be notified under Paragraph 4.
Obligations of participants in the assembly
(1) The participants of the Assembly shall be obliged to follow the instructions of the conveners and organisers referred to in Article 6 and to refrain from anything that would interfere with the proper and peaceful conduct of the Assembly.
(2) Upon completion of the assembly, its participants shall be obliged to part peacefully. If the assembly is dissolved, they shall be obliged to leave the assembly site without delay. They must not be prevented in any way from breaking up.
(3) Participants shall not carry firearms, ammunition, explosives or pyrotechnic articles. They shall also not carry other objects which may harm their health if they are to be considered by the circumstances or behaviour of the participants to be used for violence or threats by force.
(4) Participants of the Assembly shall not have a face covered in a way that makes it difficult or impossible to identify them if the Office or Police of the Czech Republic issues such an instruction if the peaceful conduct of the Assembly is disturbed or threatened.
Scope of the Office
(1) The Office may, in the light of local conditions or public policy, propose that the meeting be held at a different place or time.
(2) The Office may, where necessary for the purposes of protecting public policy or the rights and freedoms of others, 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 policeman ') may, in accordance with paragraphs 3 to 5, act mutatis mutandis.
The Office may impose on the Buyer that the meeting held in the evening shall be closed so as not to unduly disturb the night's rest.
(1) The Office to which the assembly has been notified shall be prohibited if the purpose of the assembly is to address a call for:
(a) to deny or restrict the personal, political or other rights of persons for their nationality, sex, race, origin, political or other sentiments, religion and social status, or to instill hatred and intolerance for those reasons;
(b) to commit violence or gross indecency;
(c) otherwise violate the Constitution and the laws.
(2) The Office of the Assembly shall also prohibit the assembly if:
(a) be held at a place where participants would be in serious danger to their health;
(b) at the same place and at the same time, another assembly is to be held under the notice previously received, there is no agreement between the appellants to adjust the time or place of the meeting and to determine the conditions referred to in Article 8 (2) would be manifestly ineffective; If it is not possible to determine which notice was received earlier, it shall decide, with the participation of the representatives of the consortia, by drawing lots.
(3) The Office may prohibit the assembly from taking place in a place where the necessary restrictions on transport and supply would be in serious conflict with the interests of the population, provided that it is without undue difficulty to hold meetings elsewhere without thereby undermining the notified purpose of the assembly.
(4) The Office may not prohibit the assembly for the reasons set out in paragraphs 2 and 3 if the convener has accepted a proposal from the Office pursuant to Paragraph 8 (1).
(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 of natural persons
(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, ammunition, explosive or pyrotechnic article or other objects which may harm 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 15 000 CZK may be imposed for the offence referred to in paragraphs 1 to 3.
Transfers of legal persons
(1) A legal person shall, as the convened assembly, commit 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) 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 may be imposed for the offence referred to in paragraph 1.
Common provisions on infringements
(1) The transfers under this law are dealt with by the municipality in its delegation.
(2) The fines are collected and enforced by the authority which imposed them.
Common provisions
The decision given pursuant to Articles 8 (2) and 10 is the first act in the proceedings.
If the time limit in this law is determined by the number of days, one day shall mean 24 hours from the event to which the time limit relates.
The provisions of the Emergency Measures Act at the time of the declaration of a state of danger, an emergency state, a state of danger or a state of war and measures to prevent the spread of infectious diseases (3) are not affected by this Act.
Repeal
They shall be deleted:
1. Act No. 68 / 1951 Coll., on voluntary organisations and gatherings, as amended with regard to the assembly;
2. Decree No. 320 / 1951 of the Minister of the Interior, Ú. l. (No. 348 / 1951 Ú. v.) on voluntary organisations and gatherings, as amended, as regards the assembly;
3. Sections 1 and 3 of Act No. 126 / 1968 Coll., on certain transitional measures to strengthen public order;
4. § 40 of Act No. 40 / 1974 Coll., on the National Security Corps.
Efficacy
This Act shall take effect on the day of its publication.
Havel v. r.
Dubček v. r.
CHF
Annex 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.
1) Act No. 85 / 1990 Coll., on Petitions Law
2) Act No. 3 / 2002 Coll., on 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).
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.
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Regulation Information
| Citation | Act No. 84 / 1990 Coll., on the right of assembly |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.03.1990 |
|---|---|
| Effective from | 29.03.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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