LEGE no. 60 60 of 23 September 1991 (* republished *) on the organisation and conduct of public assemblies *)
ISSUER
PARLIAMENT
Published in OFFICIAL MONITOR no. 186 186 of 14 March 2014
---------- Note ... * *) Republicated pursuant to art. 248 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, corrected in the Official Gazette of Romania, Part I, no. 117 117 of 1 March 2013, as amended, giving the texts a new numbering. Law no. 60/1991 was republished in the Official Gazette of Romania, Part I, no. 888 888 of 29 September 2004. + Chapter I General provisions + Article 1 (1) The freedom of citizens to express their political, social or other opinions, to organize rallies, demonstrations, demonstrations, processions and any other meetings and to participate in them is guaranteed by law. Such activities can only be carried out peacefully and without any weapons. ... (2) Public assemblies-rallies, demonstrations, demonstrations, sports competitions, processions and the like-, to be held in the markets, on public roads or in other outdoor places, can be organized only after the prior declaration provided by this law. ... (3) For international sports competitions, as well as for international sports events, the prior declaration is mandatory, regardless of their venue. ... + Article 2 Public gatherings must be carried out peacefully and civilly, with the protection of participants and the environment, without embarrassing the normal use of public roads, public transport, except those authorized, operation of public transport. public or private institutions, those of education, culture and health, of economic units or to degenerate into turbulent actions such as to endanger public order and peace, the safety of persons, bodily integrity, life or their goods or public domain, and cannot be continued after 23.00, in which case it falls under the provisions Law no. 61/1991 for sanctioning acts of violation of certain norms of social coexistence, public order and tranquility, republished. + Article 3 The public assemblies whose purpose is the cultural-artistic, sports, religious, commemorative events, those occasioned by official visits, as well as those that take place outside or on the premises, must not be declared in advance. premises or buildings of legal persons of public or private interest. If the organizers of the public assemblies not subject to the prior declaration hold indications or data that their deployment could result in acts of disorder or that they could lead to violent manifestations, they have the obligation to request early. mayors, territorial competent gendarme units and local police specialist support. + Article 4 The mayor of the municipality, the city or the commune, the territorial competent gendarmes units and the local police are obliged to provide the necessary conditions for the normal conduct of public gatherings, and the organizers have the obligation to take the actions required for them to be carried out in accordance with the provisions of art. 2. + Article 5 (1) The organization and conduct of public gatherings shall be prohibited in the immediate vicinity of railway stations, ports, airports, metro stations, hospitals, military objectives, economic units with high degree installations, machinery or machinery. of danger in operation. ... (2) It is also forbidden to conduct two or more separate public gatherings simultaneously, in the same place or on the same routes, regardless of their character. ... + Chapter II Prior declaration of public assemblies + Article 6 For the organization of public assemblies the applicants will address, in writing, the mayor of the administrative-territorial unit on whose radius the assembly is to be held. + Article 7 The organizers of the public assemblies will submit the written declaration to the municipal, city or communal town halls on whose territory they are to take place, at least 3 days before the date of their deployment, in which they must specify the name under which the organizer group is known, the purpose, the place, the date, the start time and the duration of the action, the afluire and defluire routes, the approximate number of participants, the persons empowered to ensure and respond to the measures of the organization, the services they request from the local council, the local police and the gendarmerie, according to the model shown in + Article 8 (1) The commission for the approval of requests for the organization of public assemblies at the level of all local councils, consisting of the mayor, the secretary of the commune or of the city, as the case may be, representatives of the police and the gendarmerie ... (2) In justified cases, with the consent of the organizers, the approval commissions may modify some elements contained in their prior declaration. ... + Article 9 Public gatherings to be followed are prohibited: a) the propagation of totalitarian ideas of a fascist, communist, racist, chauvinistic nature or of any terrorist-diversionary organizations, the defamation of the country and the nation, the urge to national or religious hatred, incitement to discrimination, to public violence and to obscene manifestations, contrary to good morals; ... b) the organization of a coup or other action contrary to national security; ... c) violation of public order, safety or morality, rights and freedoms of citizens or endangering their health. ... + Article 10 (1) The mayor of the locality, on the proposal of the endorsement commission, may prohibit the organization of public assemblies when: ... a) holds data from specialized bodies, from which it follows that their conduct would lead to violation of the provisions of art. 2 2; ... b) in the period, the place and on the routes where they would be carried out are carried out edilitary-household works of scale. ... (2) Within two days the mayor is obliged to communicate to the organizers the prohibition decision, which can be challenged under the conditions Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions. ... + Article 11 The decision prohibiting the conduct of the public assembly shall be communicated in writing to the organizer, with the showing of the reasons that determined it, within 48 hours of receipt of the written declaration. + Chapter III Obligations regarding the organisation and conduct of public assemblies + Section I Obligations of organisers and participants in public meetings + Article 12 (1) The organizers of public meetings shall be obliged: ... a) to record the declarations of public gatherings at the territorial competent gendarmes units, at least 48 hours before; ... b) establish the persons responsible for the management of public assemblies; ... c) to provide a personal device of order consisting of personnel bearing distinctive markings, established together with the commander of the gendarme unit which ensures public order measures; ... d) delineate the space of conducting public gatherings through distinctive and visible signs, and when they take place away, take measures to limit the occupied traffic space; ... e) to pay in advance, on the basis of deviz and invoice, the value of the services and the facilities requested by the local councils for the normal conduct of public assemblies; ... f) establish the routes of afluire and defluation of the participants and take measures that the occupation of the premises for the conduct of public gatherings should take place shortly before the start time of the activities, and their leaving to be made immediately after the set-limit; ... g) take measures to prohibit the participation in public gatherings of persons who have alcoholic beverages or who are under their influence; ... h) to take measures to remove participants who, by way of manifestation, disturb public order and peace, and when they do not obey, to report to the police bodies; ... i) to immediately interrupt the public assembly when it finds that facts of the nature of those provided for in art. 2; after the restoration of order the public assembly may continue within the original time approved; ... j) prohibit the participation in public gatherings of persons who have on them weapons of any kind, explosive or incendiary materials, irritant-tear substances or with paralyzing effect, devices for electric shocks or other objects that may be used for violent actions or the disorder of their normal conduct. ... ((2) If the participants in public gatherings have formulated petitions or memoirs, they may be presented to the public authorities receiving a group of maximum 10 persons. ... + Article 13 Participants in public meetings shall be obliged to: a) comply with the recommendations made by the organizers of public meetings, their powers or law enforcement bodies; ... b) to refrain from actions of a nature to prevent the normal conduct of public gatherings and not to incite such actions by word of mouth, manifestos or other audiovisual means; ... c) not to introduce or have, during public gatherings, objects of the nature of those provided in art. 12 12 para. ((1) lit. g) and j); ... d) to leave immediately public gatherings or the place where they take place, when they were ordered by the organizers, their powers or the police bodies; ... e) not to participate in drunk public gatherings, not to consume and not to distribute alcoholic beverages or drugs. ... + Article 14 It is forbidden for persons or groups of persons not related to public gatherings organized to infiltrate the demonstrators, in order to disturb their normal deployment. + Section II Obligations of municipalities + Article 15 Municipal, city or communal town halls are obliged: a) to establish by decision and to bring to public knowledge, within 5 days from the publication of this law, the places falling under the provisions of art. 5 5; ... b) to ensure, for a fee, the services and technical facilities requested for the normal conduct of public assemblies; ... c) prohibit the disposal of alcoholic beverages in the places intended for the conduct of public gatherings, in close proximity or, when they consider it necessary, even throughout the locality, for their duration; ... d) undertake any other legal measures likely to ensure the peaceful and civilized nature of public assemblies; ... e) to refund the advanced amounts according to art. 12 12 para. ((1) lit. e), if the public assembly was prohibited for reasons other than those provided for in art. 9 9 or which are not attributable to the organizers. ... + Chapter IV Ensuring order during public gatherings + Article 16 The commanders of the local police and gendarmerie bodies or the persons designated by them have the obligation to ensure the protection of the participants and to establish together with the organizers the measures to be taken to conduct public gatherings declared, under conditions of full order. + Article 17 If public gatherings lose their peaceful and civilized character, police and gendarme troops will intervene to prevent or neutralize manifestations that seriously disturb public order and peace, endanger life, integrity and integrity. body of citizens, order troops or threaten with devastation or destruction of buildings and other goods of public or private interest. + Article 18 In the cases provided by art. 17, the law enforcement bodies will intervene using, under the law and in relation to the situations created, the technical means provided. + Article 19 (1) The intervention in force will be approved by the prefect or his replacement at the request of the commander of the gendarmes forces who provide the public order measures at the place of the public assembly. ... ((2) The approval of the intervention in force is not necessary if violence is carried out on law enforcement that endangers life, bodily integrity or their health or other persons ' health or when there are strong indications that the participants prepare or have committed an illegal act. ... + Article 20 (1) The use of force shall be made only after the warning and summoning of participants to disperse by the gendarme officer designated as head of the order device. For the execution of the dispersal, the participants shall be provided with an appropriate time, determined in relation to their number and the ways of afluire. ... ((2) Warning and injunction are not necessary if violence is exercised on the law enforcement bodies or they are in imminent danger. ... + Article 21 The warning consists in the use of sound or light signals and the attraction of participants, by means of sound amplification, on the need to disperse them and respect the law. + Article 22 (1) If, after warning, the participants have not scattered, the words shall be said by means of sound amplification: "First summons: Attention, please leave ..., we will use force", followed by sound and light signals. ... (2) If, after the passage of the time necessary for the scattering, it is found that the first summons was left without a result, it goes to the use of the last summons, by saying the words: "Last summons: Leave ..., force will be used", followed by sound and light signals. ... (3) For the collection of summons by all participants, before the use of means of hindering or coercion, a light signal is emitted through the red racket. ... + Article 23 In case of absolute necessity, when the use of firearms by law enforcement bodies is required, under the law, the last summons and the light signal through the red racket are repeated in advance. + Article 24 The use of means of preventing or coercion will cease as soon as the release of the premises, the scattering of the participants and the public order has been restored. + Chapter V Sanctions + Article 25 Violation of the provisions of this law attracts, as appropriate, disciplinary, contravention, civil or criminal liability. + Article 26 (1) It constitutes the following facts, if not committed under such conditions that, according to the criminal law, to meet the constituent elements of some crimes: ... a) the organization and conduct of undeclared, unregistered or prohibited public gatherings; ... b) non-compliance with the hours, travel routes or place and perimeter for the public assembly; ... c) failure by the organizers of the measures to interrupt the public assembly, when they find that facts of the nature of those provided in art. 2 2; ... d) participation in undeclared or prohibited public gatherings and followed by the refusal to leave their seats, to the warnings and injunctions of the law enforcement bodies made according to the law; ... e) instigation by any means, initiation or recourse to violent actions or other manifestations, with the intention of thwarting or disturbing, in any way, public gatherings; ... f) refusal to leave the assembly immediately, if the measure was ordered by the leaders of the shares; ... g) the organization or participation in the counterparties carried out at the same time and in the same place as the declared public assemblies, regardless of their mode of expression; ... h) the introduction or disposal of alcoholic beverages in the places intended for the conduct of public assemblies, for their duration; ... i) refusal to leave the assembly immediately at the request of law enforcement bodies, according to the law ... (2) Contraventions provided in par. ((1) lit. a)-c) is sanctioned with a fine of 1,000 lei to 10,000 lei, and those provided in lett. d), e), f), g), h) and i), with a fine of 500 lei to 5,000 lei. ... (3) For the contraventions of par. ((1) lit. a)-c) shall be sanctioned, as the case may be, the organizers or individuals responsible for the management of public assemblies. ... + Article 27 The contraventions provided in art. 26 are found by police officers, officers and sub-officers of gendarmes, as well as mayors or their representatives, namely designated. + Article 28 The provisions of this law, relating to the finding and sanctioning of contraventions, shall be completed with those of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, and of the Law for sanctioning acts of violation of certain norms of social coexistence, public order and tranquility, regarding the contravention prison *). --------- Note ... * *) From the date of entry into force of the Law on revision of the Romanian Constitution no. 429/2003 , published in the Official Gazette of Romania, Part I, no. 758 758 of 29 October 2003, according to art. III para. (1) of Government Emergency Ordinance no. 108/2003 for the abolition of the contravention prison, published in the Official Gazette of Romania, Part I, no. 747 of 26 October 2003, approved by Law no. 28/2004 , the reference to the sanction of the contravention prison is considered made to the sanction of providing a community activity whenever a law or ordinance provides that a contravention is sanctioned with contravention imprisonment alternative to fine. + Article 29 It constitutes a crime and is punishable by imprisonment from 3 months to 2 years or a fine, if the act does not constitute a more serious crime, opposing violence to the organizers, their powers or to the law enforcement or preventing to exercise their legal powers to ensure order in the conduct of public assemblies. + Chapter VI Final provisions + Article 30 (1) The present law shall enter into force on the date of its publication in the Official Gazette of Romania, ... (2) The same date shall be repealed Decree-Law no. 2/1990 on the organisation of public meetings and Decree-Law no. 39/1990 on certain measures relating to the conduct of public assemblies and any other provisions to the contrary. ... + Annex Template for prior declaration NAME OF ORGANISER No. ........ ........ of ....... To, ............................ ((city hall -to the Mayor- We make you known as on the day of ........ month ............ year ......., between the hours ....... and ........, in the locality ....................., the county ............................, the place ................, a public gathering organized by to us. About .............. people will participate in the assembly. The routes of access to the place of the assembly, as well as those of dispersal will be ................................................................. The purpose of the public assembly is the manifestation (approval, adhesion or protest) in relation to ................................... We assure you that the assembly will take place peacefully and civilly. From our side are empowered to ensure and respond to the measures on the good organization of the assembly, so that it takes place in peaceful, civilized conditions and does not degenerate into acts of violence, gentlemen: -.............................................................. -............................................................ *) --------- Note ... *) The name, surname, other identification data of the persons empowered to respond to the organization will be indicated. The staff assigned by us to execute order measures during the assembly and on the trails will bear the following distinctive insignia: ....................................................................................................................................... ........................................................................................................................................ In support of the good conduct of the assembly, we ask from the city hall and the police bodies to take the following measures: ......................................................................................... Signature and stamp of the organizer -----------
