Case 180_187
180_187 interference
187. The Court reiterates again that the principle of discretionary
prosecution leaves States considerable room for manoeuvre in deciding
whether or not to institute proceedings against someone thought to have
committed an offence (for instance, in relation to non-compliance with the
rules concerning public assemblies) and, more generally, whether a certain
action or omission should be subject to prosecution by way of criminal or
other proceedings (see the cases cited in paragraph 125 above). With due
regard to the above considerations, clear and reasonable procedural
requirements to be observed in relation to a public event and penalties for
breaching those requirements are both capable of being in conformity with
the requirements of necessity and proportionality under Articles 10 or 11 of
the Convention (see, for this approach, Kudrevičius and Others [GC], cited
above, §§ 147-49).