Case 7_73
7_73 substantive_scope
73. <5> The Commission has recognised that the right of peaceful assembly contained
in Article I I is a fundamental right in a democratic society and, like the right to
freedom of expression, one of the foundations of such a society (cf . No . 8191/78,
loc. cit., at p . 119 . with a reference to the Eur . Court H .R., Handyside judgment
of 7 December 1976 . Series A no . 24, para . 49) . It covers public processions and
can be exercised not only by the individual participants of a demonstration, but also
by those organising it, including the applicant association . The Commission has
further held that the right to freedont of peaceful assembly is guaranteed to everyone
who has the intention of organising a peaceful demonstration . The possibility of
violent counter-demonstrations or the possibility of extremists with violent inten-
tions, not ntembers of the organising association, joining the demonstration cannot
as such take away that right (cf . No . 8440/78, loc . cit., p. 148) .