CEU Electronic Theses and Dissertations, 2015
| Author | Apostol, Victoria |
|---|---|
| Title | THE REGULATION OF FREEDOM OF ASSEMBLY IN EUROPE, THE USA AND MOLDOVA: A PROPORTIONALITY BASED CRITIQUE OF MANDATORY NOTIFICATION AND AUTHORIZATION REQUIREMENTS |
| Summary | The regulation of the right to freedom of assembly impacts directly the application of this right, while the implementation of the right to freedom of assembly depends on its regulation. In this regard, the level of respecting the right to freedom of assembly can be measured through assessing how this right is regulated and implemented. This means that it is relevant to analyze different states protocols and actions that aim to frame legally and apply in practice the right to freedom of assembly. Give this aspect, the purpose of this thesis is to examine to what extent mandatory notification or authorization requirements can be justified. In light of this, the research question is explored in accordance with the proportionality principle. Moreover, this study aims to discuss through operational questions whether the application of mandatory notification or authorization requirements affects differently certain groups of people; what might be the effective approaches to ensure a non-arbitrary application of laws on right to freedom of assembly and whether mandatory notification or authorization requirements influence different styles of policing assemblies. This thesis seeks to address in a comparative perspective the European Court of Human Rights approaches and the Supreme Court of the United States of America approaches regarding the interpretations of regulations of such requirements. In addition, this study attempts to establish the role of negotiations between police and protesters in justifying mandatory or authorization requirements. Furthermore, this thesis explores critically the regulation and implementation of law on freedom of assembly in Moldova. This aspect is examined through an empirical angle based on the qualitative research conducted in Moldova between middle of October and beginning of November in 2014. |
| Supervisor | Hamilton, Michael |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2015/apostol_victoria.pdf |
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