Law No. 60 Of 23 September 1991 On The Organization And Holding Of Public Meetings

Original Language Title:  LEGE nr. 60 din 23 septembrie 1991 privind organizarea şi desfăşurarea adunărilor publice

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Law No. 60 of 23 September 1991 (republished) on the Organization and holding of public meetings *) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 186 of 14 March 2014 — — — — — — — — — — * Note) Republished pursuant to art. 248 of the law nr. 187/2012 for implementing Law No. 286/2009 relating to the penal code, published in the Official Gazette of Romania, part I, no. 757 dated 12 November 2012, corrected in the Official Gazette of Romania, part I, no. 117 of 1 March 2013, with subsequent amendments, posing a new texts.

Law No. 60/1991 was republished in the Official Gazette of Romania, part I, no. 888 of 29 September 2004.


Chapter I General provisions Article 1 (1) the freedom of citizens to express their political opinions, social or otherwise, to hold rallies, demonstrations, rallies, processions or any other assemblies and to participate in them is guaranteed by law. Such activities can only be carried out peacefully and without weapons of any kind.
  

(2) Public Meetings, demonstrations, rallies-demonstrations, sports competitions, processions and the like, which are to be carried out in public squares, inland or in other outdoor places can be organised only after a prior declaration envisaged by this law.
  

(3) For international sports competitions, as well as for international sports events, is mandatory prior declaration, regardless of the venue.
  


Article 2 Public Meetings must be held peacefully and orderly, with participants and protection of the environment, without impediment normal use of public roads, public transport, except for authorized operation of public or private institutions of education, health, culture and economic units or to escalate the turbulent nature of actions be jeopardized public order and tranquility , safety, integrity, or the property or lives of the public domain, and may not be continued after 23.00, in which case it shall be governed by the provisions of law No. 61/1991 to penalise infringements of the facts to rules of coexistence, social order and public tranquility, republished.


Article 3 should not be declared in advance of public meetings whose purpose is cultural and artistic events, sports, religious, commemorative, the provision of official visits, as well as those taking place outside or inside the premises or property of legal persons of public or private interest. If the organizers of public meetings prior to the lodgement of which hold data or indices that their conduct could result in acts of randomness that might lead to violent, are required to seek from time mayors, the gendarmerie units and the competent local police territorial support.


Article 4 the Mayor, town or village, the gendarmerie units territorially and local police are required to ensure the necessary conditions for developing normal public meetings, and the organizers are obliged to undertake actions that might be required in order for them to be carried out in accordance with the provisions of art. 2. Article 5 (1) organizing and conducting public meetings are banned in the vicinity of railway stations, ports, airports, subway stations, hospitals, military objectives, economic units with plant, machinery or machine with high degree of danger.
  

(2) it is also prohibited to simultaneously conduct two or more distinct public gatherings at the same place or on the same routes, regardless of their nature.
  


Chapter II Declaration of prior public assemblies Article 6 to organize public assemblies applicants will address, in writing, of the Mayor's administrative-territorial unit whose RADIUS is to be conducted by the Assembly.


Organizers of public assemblies article 7 shall submit a written declaration to the municipal mayoralties, municipal or communal on whose territory they are to be carried out with at least 3 days before the date of their deployment, which we must mention the name under which it is known the Group Organizer, purpose, place, date, time of commencement and duration of the action, the routes of afluire and defluire, approximate number of attendees , the persons empowered to provide and respond to the measures of organisation, the services required on the part of the local Council, police and local police, according to the model given in annex.


Article 8 (1) shall be established by the Commission for the approval of applications for organizing public meetings in all the local councils, made up of the Mayor, the commune of the city Secretary or, where appropriate, representatives of the police and gendarmerie.
  

(2) in justified cases, with the agreement of the organisers, advising boards may modify some elements contained in the prior statement.
  


Article 9 public meetings are prohibited, through which it seeks: a) totalitarian propagandising likely racist, Communist, fascist, chauvinist or any diversionary terrorist organisations, defamation of the country-and the nation, urging the national or religious hatred, the incitement to discrimination, violence and obscene manifestations, contrary to accepted principles of morality;
  

b) the organisation of coups or other actions contrary to national security;
  

c) violation of law and order, security or public morality, of the rights and freedoms of citizens times endangering their health.
  


Article 10 (1), the Mayor of the proposal from the Commission, may prohibit the endorsement the Organization of public meetings where: a) has data from specialized organs, which shows that their conduct would result in violation of art. 2;
  

b) during the period, place and trails where they would unfold runs municipal works-large household.
  

(2) within two days after the Mayor is required to notify the organisers ' decision to ban, which can be challenged in administrative courts according to law nr. 554/2004, as amended and supplemented.
  


Article 11 the decision prohibiting conduct of public Assembly shall be communicated in writing to the Organizer, with the brightness of the reasons which have led it, within 48 hours of receipt of the written declaration.


Chapter III obligations regarding the Organization and conduct of public meetings section I Obligations of participants in meetings of the organizers and the public in article 12 (1) organizers of public assemblies are required: a) to record statements of public assemblies to the competent territorial units of the gendarmerie, with at least 48 hours in advance;
  

b) to determine the persons responsible for the conduct of public meetings;
  

c) ensuring a proper serial device consisting of personnel wearing distinctive insignias, established together with the Commander of the gendarmerie unit that provides measures of public policy;
  

d) demarcates the space of public assemblies by distinctive signs and visible, and when they unfold on the go, take measures to restrict the movement of occupied space;
  

e) to pay in advance, on the basis of the estimate and invoice, the amount of the services required and planning local councils for a normal public assemblies;
  

f) set of paths of afluire and defluire and take action as occupying spaces intended to conduct public meetings to be held shortly before the start of their activities, while leaving to be made immediately after the time-limit fixed;
  

g) to take measures for prohibiting public gatherings of people who on their alcoholic drinks or those under their influence;
  

h) to take steps for removing participants which, by the way, disturbs public order and tranquility, and when they do not obey, to report to the police;
  

I immediately interrupt) public assembly when it finds that intervening acts of nature to those provided for in article 10. 2; After restoring order to the public assembly can continue in the time limit originally approved;
  

j) prohibit participation in public meetings of people who on their arms, explosive or incendiary materials, irritating substances-tear or paralyzing effect, devices for electric shocks or other objects that may be used for violent actions or disorder of their normal conduct.
  

(2) where participants in public gatherings have filed petitions or memories, they can be presented to the recipient by the authorities in a group of maximum 10 people.
  


Article 13 public meetings participants are required: a) comply with the recommendations made by the organizers of public assemblies or bodies, the representatives of the order;
  

b) to refrain from actions likely to impede the normal conduct of public meetings and not incite such actions by word of mouth, manifest or other audiovisual means;
  

c) not to introduce or, during the public meetings, the nature of those referred to in article 1. 12(3). (1) (a). g) and (j));
  

d) immediately to leave the public assemblies or place where they are taking place when they were ordered by the organizers, their representatives or the police;
  

e) attend public gatherings while intoxicated, not consume and distribute alcoholic beverages or drugs.
  



Article 14 prohibited as persons or groups of persons who have no connection with public meetings organized to infiltrate among the demonstrators, in order to disturb the normal progress.


Section II Obligations article 15 mayoralties in municipal Mayoralties, municipal or communal obligation: to) set by the decision and bring to public knowledge, within 5 days after the publication of this law, the jobs that fall under the provisions of art. 5;
  

b) to ensure, for a fee, technical services and facilities required to carry out the normal public assemblies;
  

c) prohibit disposal of alcoholic beverages in places intended for the conduct of public meetings in the vicinity or, when deemed necessary, even across town, throughout their duration;
  

d) would take any other legal action likely to ensure peaceful and civilized character of public meetings;
  

e) to repay the amounts advanced under art. 12(3). (1) (a). e) if public assembly was banned for reasons other than those referred to in article 1. 9 or which are not attributable to the organizers.
  


Chapter IV ensurance during public assemblies Article 16 police bodies of local Commanders and gendarmerie or its designees shall have the obligation to ensure the protection of the participants and to determine together with the measures to be taken for the conduct of public meetings declared, in complete order.


Article 17 where public gatherings are peaceful and civilized nature, police and gendarmerie troops will intervene to prevent or neutralize the demonstrations What disturbs public order and tranquility of serious, life-threatening bodily integrity of citizens, to order troops or threaten with destruction of buildings hundreds of times and other public or private interest.


Article 18 in the cases provided for by art. 17, law enforcement order will intervene using, according to the law and in relation to the situations that are created, the technical means.


Article 19 (1) the Intervention Force will be approved by the prefect or substitute thereof at the request of the Commander of the gendarmerie forces that provide measures of public policy the place of public assembly.
  

(2) approval of the intervention is not required if the order forces over the violence threatening imminent bodily integrity or life or health of other persons, or when there are reasonable indications that the participants are preparing or have committed an illegal act.
  


Article 20 (1) the use of force will only be made after the warning and somarea participants to disperse by police officer assigned as head of the order. For the execution of the dispersal of the participants a suitable provision, determined in relation to their number and to the Inland afluire.
  

(2) the warning and somarea are not required where upon law enforcement agencies exercising violence times they are in imminent danger.
  


Article 21 Warning lies in the use of light and sound signals or attracting the attention of participants by means of amplification, dispersion and need their respect for the law.


Article 22 (1) If, after warning, they have not broken up, they tell each other by means of amplifying sound words: "the first subpoena: Warning, please quit, we will use force," followed by the sound and light signals.
  

(2) If, after the period of time required for scattering, it is found that the first judgement remained without result, proceed to use the last summons through the utterance of the words: ' the last judgement: Quit, force should be used ", followed by the sound and light signals.
  

(3) For the levying of somaţiilor by all participants, prior to the use of means of coercion, tripping or it emits a light signal by Red rocket.
  


Article 23 in the case of absolute necessity, when it is necessary the use of firearms by law enforcement officials, in accordance with the law, repeating the last judgement and illuminated by Red rocket.


Article 24 the use of means of restraint will cease or foreclosure as soon as release has been made of the premises, scattering participants and public order restored.


Chapter V Penalties infringements of the provisions of article 25 of this law shall entail, as appropriate, disciplinary, administrative, civil or criminal.


Article 26 (1) the following acts Constitute offences, if they are not committed in such circumstances that, according to the criminal law, to meet the constitutive elements of crimes: a) Organization and conduct of public gatherings banned, or undeclared work;
  

b) ongoing hours failure paths of movement or scene and the intended public Assembly;
  

(c) failure by the organisers) the discontinuance of public Assembly, when it finds that intervening acts of nature to those listed in article 1. 2;
  

d attending public gatherings) undeclared or prohibited and followed by the refusal of places leaving them warnings and somaţiile law enforcement agencies made according to law;
  

e) instigation by any means, initiate or resorting to violent actions or other events, with the intention of blockage times disorder in any way, the public assemblies;
  

f) refusing to leave immediately if the measure, Assembly was arranged by leaders of actions;
  

g) organizing or participating in contramanifestaţii carried out at the same time and in the same place with the stated public assemblies, regardless of their mode of expression;
  

h) introduction or disposal of alcoholic beverages in places intended for public meetings, conduct throughout their duration;
  

I) refusing to leave immediately at the request of Assembly organs, according to the law.
  

(2) the Offences referred to in paragraph 1. (1) (a). the-c)) shall be imposed with a fine from 1,000 to 10,000 lei lei, and those referred to. d), e, f)), g), (h) and (i))), with a fine of from 500 to 5,000 lei lei.
  

(3) For offences from para. (1) (a). the-c)) shall be imposed where necessary, organizers or persons responsible for the conduct of public meetings.
  


Article 27 Offences under article 4. 26 policemen are found, the officers and enlisted the gendarmerie, as well as mayors or their designated representatives, namely.


Article 28 the provisions of this law relating to the finding and sanction contraventions, supplemented by those of the Government Ordinance. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented, and the law on the penalization of acts of infringement of the rules of social coexistence, peace and public order, as regards prison administrative *).
— — — — — — — — — * Note) from the date of entry into force of the law to revise the Constitution of Romania No. 429/2003, published in the Official Gazette of Romania, part I, no. 758 of 29 October 2003, under art. III para. (1) of the Government Emergency Ordinance nr. 108/2003 for abolishing criminal prison, published in the Official Gazette of Romania, part I, no. 747 of 26 October 2003, approved by law No. 28/2004, referring to the prison administrative sanction shall be deemed to have submitted to the sanction provision a service whenever a bill or an Ordinance provides that a violation is sanctioned with contraventional fine alternative prison.


Article 29 Constitutes infringement and is punishable with imprisonment from 3 months to 2 years, or with fine, if the deed does not constitute a more serious offense, resisting with violence against organizers, their representatives or against security forces preventing them to fold exercise his powers in order to secure the legal conduct of public meetings.


Chapter VI final provisions Article 30 (1) this law shall enter into force on the date of publication in the Official Gazette of Romania, part I.
  

(2) on the same date shall be repealed Decree-Law No. 2/1990 on the Organization of public meetings and Decree-Law No. 39/1990 on measures relating to the holding of public meetings, and any other provisions to the contrary.
  


Annex Model NAME of the ORGANIZER's prior declaration No. .. since.
By,.
(Town Hall)-Lord Mayor you make known to this day. .. month of the year, from 7. and, in the locality, County, place, held a public meeting organised by us.
The meeting will be attended by about. .. persons.
Routes of access to the Assembly, and those types will be. .. .
The purpose of the public assembly is the manifestation (approval, endorsement or protest) in connection with. .
Please be assured that the Assembly will be held peacefully and orderly.
On our part shall be empowered to provide and be responsible for measures relating to the proper organisation of the Assembly, so that it be conducted in a peaceful, civilized conditions and not to escalate the violence, gentlemen:..
-*) — — — — — — — — — * Note) indicate the name, first name and other identifying data of persons authorized to respond.

The staff designated by us to execute measures of order during the Assembly and on trails will wear distinctive insignia: next.

In support of the proper conduct of the Assembly, we urge on the part of the City Hall and police taking the following measures: .
Signature and stamp of the Organizer-— — — — — — — — — —