47_95 substantive_scope 95. The Commission's case-law establishes that the right to freedom of peaceful assembly, which is a fundamental right in a democratic society, is guaranteed to everyone who has the intention of organising a peaceful demonstration (see eg. No. 8440/78, D.R. 21 p. 138). The applicants' intention to hold a peaceful rally was not disputed in the domestic proceedings. The Commission finds that the refusal of permission to the applicants to hold their rally in Trafalgar Square constitutes a restriction on their rights as guaranteed under the first paragraph of Article 11 (Art. 11).