Authorization and Restrictions

### Substantive Scope: Authorization

#General Principles

1. **Fundamental Right**: The right to freedom of peaceful assembly is a fundamental right in a democratic society, akin to the right to freedom of expression. It is one of the foundations of such a society and must be safeguarded by the State (426_48).

2. **Broad Interpretation**: This right should not be interpreted restrictively and covers both private meetings and public gatherings, including static meetings and public processions (426_48).

3. **Pluralism and Tolerance**: The Court emphasizes that pluralism, tolerance, and broadmindedness are hallmarks of a democratic society. The State must act as the ultimate guarantor of these principles, which sometimes requires positive measures to protect the right to peaceful assembly, especially for minority groups or those holding unpopular views (426_45, 426_46).

4. **Peaceful Nature**: The notion of 'peaceful assembly' does not cover demonstrations where the organizers and participants have violent intentions resulting in public disorder. However, an individual does not lose the right to peaceful assembly due to sporadic violence by others if they remain peaceful in their intentions and behavior (406_17, 433_35).

5. **Right to Choose**: The right to freedom of assembly includes the right to choose the time, place, and manner of conduct of the assembly, within the limits established in Article 11(2) (202_23, 203_39, 218_12, 293_6, 440_20).

#Authorization and Restrictions

1. **Authorization Requirement**: A requirement for authorization of public meetings does not, in itself, constitute an interference with the right to freedom of assembly (2_6, 2_102, 40_10).

2. **Refusal to Authorize**: The refusal to authorize public events or approve their locations can constitute an interference with the right to freedom of assembly. Such refusals must be justified under Article 11(2) (47_95, 380_1, 380_30, 380_35, 380_36, 553_59).

3. **Violent Counter-Demonstrations**: The possibility of violent counter-demonstrations or the possibility of extremists with violent intentions joining the demonstration cannot as such take away the right to peaceful assembly (3_92, 6_73, 7_73).

4. **Disorder Risk**: Even if there is a real risk that a public demonstration might result in disorder as a result of developments outside the control of those organizing it, such a demonstration does not as such fall outside the scope of Article 11 ยง 1, and any restriction placed thereon must be in conformity with the terms of paragraph 2 of that provision (262_124, 262_125).

#Applications

1. **Religious Gatherings**: The refusal to authorize a religious assembly in a public park was considered an interference with the applicant's rights under Article 11, interpreted in the light of Article 9 (113_15, 113_20, 114_30, 114_31, 114_32, 114_33, 114_34, 114_51, 114_52, 114_53, 114_54).

2. **LGBTI Demonstrations**: Various cases involved demonstrations in support of LGBTI rights, which were considered within the scope of Article 11. These included authorized events like the "Rainbow flash mob" and other demonstrations aimed at drawing attention to violations of LGBTI rights (402_5, 402_20, 406_1, 416_1).

3. **Political Protests**: Demonstrations against political issues, such as legislative bans or government actions, were also covered. For instance, protests against the legislative ban on the promotion of non-traditional sexual relations among minors and against corruption were considered within the scope of Article 11 (406_1, 453_13).

4. **Spontaneous Assemblies**: Spontaneous assemblies, such as those in response to sudden events, are protected under Article 11. For example, a spontaneous protest that continued after an official event had ended was considered within the scope of Article 11 (458_32).

5. **Symbolic Protests**: Non-violent protests, including solo demonstrations and symbolic expressions of dissatisfaction, are protected. For instance, a solo demonstration protesting against the persecution of political activists was covered by Article 11 (417_47).

6. **Trade Union Activities**: Assemblies related to trade union activities are protected under Article 11. For example, complaints about dismissals based on trade-union activities were considered within the scope of Article 11 (445_45, 461_32).

7. **Obstructive but Peaceful Protests**: Assemblies intended to be obstructive but peaceful, such as those aimed at preventing certain actions by authorities, are protected under Article 11. For instance, a protest involving participants handcuffing themselves to a barrier was considered within the scope of Article 11 (414_43).

8. **Disruptive Protests**: The Court has noted that any demonstration in a public place may cause a certain level of disruption to ordinary life, including disruption of traffic. This fact in itself does not justify an interference with the right to freedom of assembly (453_13).