Case 97_38
97_38 interference
38. On 5 January 2001 the Supreme Court allowed the extraordinary appeal,
quashed the Supreme Administrative Court’s judgment and remitted the
case. The Supreme Court established that the Supreme Administrative Court
decided the case arbitrarily and had wrongly assessed the evidence. The
court considered that the authorities should have examined in detail, on the
one hand, the legal interests of the inhabitants and, on the other, those of the
organiser of the demonstration. In case of conflict between those interests,
they should have decided according to the principles of a democratic State
governed by the rule of law. That was not done in this case as the authorities
based the prohibition solely on the complaint made by the inhabitants.