1. Freedom of assembly and of association 1.Common sources 2.Right to assembly 3.Right to association 4.Freedom of foundation of a party

2. 1. Common sources 2. Right to assembly National constitutions (Belgian, German) International treaties (International Covenant on Civil and Political Rights, ECHR Article 11) Practice of Strasbourg: - right to counter-demonstration but tranquillity (A) - security measures (CH) - demonstration against judicial procedure (F) Hungarian constitutional regulation: - 1945 departmental order signed by the Interior Minister - Act I of 1989: assembly-association together - Act XXXI of 1989 Articles 62 and 63

3. - Act III of 1989 * boundaries – crimes, rights of other people * organizer – civic rights * duty of registration * police interdict – representative authorities, courts + order of traffic * (2004: congestion or by another route not) + judicial way * dispersal – crime, rights of other people + armed + without registration * guaranties of criminal law – injury of freedom of assembly, breach of peace * right to assembly of soldiers

4. - Decision 55/2001 AB * communication right * „peaceful assembly” * spere of organizers * duty of registration * „right to traffic” * dispersal in case of lack of registration

5. 3. Right to association Opinions against association (Rousseau, Act on Le Chapelier) National constitutions (Belgian, Dutch) International treaties (Universal Declaration, International Covenant on Civil and Political Rights, ECHR) Soviet model: structure of society, association Act II of 1989 + amendment to the constitution * boundary – with political aim + armed * freedom of foundation of a party + freedom of coalition Types of organization: Social organization, association vs. Public body (The Hungarian Academy of Sciences), economic, trade Chamber * obligatory membership (no right to negative association)

6. Exterior and interior right to association - relation between state and association: * system of foundation of association: a) concession b) free foundation of body c) normative conditions, Decision 6/2001 AB: dragging out of the procedure * Case of Szivárvány: Decision 21/1996 AB – state’s duty of child protection + ECtHR * supervision on legal grounds: association vs. party - right to interior association * fundamental rules, admission of new members (Boy Scouts), rights of membership * organizational construction: general meeting, execution, representation – democracy?

7. 4. Freedom of foundation of a party Political will formation; mediatory function (Act on non- discrimination) Duty of putting up a candidate: Decision 53/1996 AB - L. Sólyom Exterior freedom: - equal opportunity: Decision 27/1998 AB – 5% - prohibition of fascist parties - armistice: 810/B/1992 (1993) - ECtHR:* X. v. Italy * Case of ÖZDEP: proscription of Kurd party – injury of Article 11 but Refah-prohibition not! - prohibition of party membership, conflict of interest * Case of Rekvényi – „historical circumstances” * Case of Vogt: dismissal of a German communist teacher - injury of Article 11 - party financing: * budgetary subsidy but not for everything (BVerfGE) * control of management – National Audit Office

8. Interior freedom: - requirement of interior democracy - prohibition of party organization in place of employment - cessation: court

9. Thank you for your attention!