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Law No. 31 Of 5 March 2004 Amending And Completing Law No. 60/1991 Relating To The Organization And Holding Of Public Meetings

Original Language Title:  LEGE nr. 31 din 5 martie 2004 pentru modificarea şi completarea Legii nr. 60/1991 privind organizarea şi desfăşurarea adunărilor publice

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LEGE no. 31 31 of 5 March 2004 to amend and supplement Law no. 60/1991 on the organisation and conduct of public meetings
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 223 223 of 15 March 2004



The Romanian Parliament adopts this law + Article I Law no. 60/1991 on the organization and conduct of public meetings, published in the Official Gazette of Romania, Part I, no. 192 of 25 September 1991, as amended, shall be amended and supplemented as follows: 1. Paragraph 2 of Article 1 shall read as follows: " Public assemblies-rallies, demonstrations, demonstrations, sports competitions, processions and the like-, to be held in the markets, on public ways or in other outdoor places, can be organized only after the prior declaration provided for by this Law. " 2. Article 2 shall read as follows: "" Art. 2-Public assemblies 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, the functioning of public or private institutions, education, culture and health, economic units or to degenerate into turbulent actions such as to endanger public order and peace, the safety of persons, integrity body, life or property or public domain, and cannot be continued after the hour 23,00, in which case it falls under the provisions of Law no. 61/1991 for the sanctioning of acts of violation of certain norms of social coexistence, public order and tranquility, republished, with subsequent amendments and completions. " 3. Article 3 shall read as follows: "" Art. 3-Not to be declared in advance 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 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. " 4. Article 4 shall read as follows: "" Art. 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 necessary actions in order for them to be carried out in accordance with the provisions of art. 2 2. " 5. Article 6 shall read as follows: "" Art. 6-For the organization of public assemblies the applicants will address, in writing, the mayor of the administrative unit on whose radius the assembly is to be held. " 6. Article 7 shall read as follows: "" Art. 7-The organizers of 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 police local and gendarmerie, according to the model in the Annex. 7. Article 8 shall read as follows: "" Art. 8-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 the city, as the case may be, representatives of the police and the gendarmerie. In justified cases, with the consent of the organizers, the endorsement committees may modify some elements contained in their prior declaration. " 8 8. The letter a) of Article 9 shall read as follows: " 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; " 9. Article 10 shall read as follows: "" Art. 10-The mayor of the locality, on the proposal of the endorsement commission, can prohibit the organization of public meetings 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. Within two days, the mayor is obliged to communicate to the organizers the decision to ban, which can be challenged under the Law of Administrative Litigation no. 29/1990, as amended. " 10. Article 12 shall read as follows: "" Art. 12-The organizers of public meetings are 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 time limit set; 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. If the participants in public meetings have formulated petitions or memoirs, they may be presented to the public authorities for which a group of up to 10 persons is intended. " 11 11. The letter c) of Article 13 shall read as follows: " 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); ' 12. Article 19 shall read as follows: "" Art. 19-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. 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. " 13. Article 20 shall read as follows: "" Art. 20-The use of force will 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. Warning and summoning shall not be necessary if violence is exercised on the law enforcement bodies or they are in imminent danger. " 14. Article 26 (1), (e) and (g) shall be repealed. 15. Paragraph 2 of Article 26 shall read as follows: " The contraventions provided in par. 1 lit. a)-c) is sanctioned with a fine from 10,000,000 lei to 100,000,000 lei, and those provided in lett. d), f), h), i), j) and k), with a fine from 5,000,000 lei to 50,000,000 lei. " 16. Article 27 shall read as follows: "" Art. 27-Contraventions provided in art. 26 are found by police officers, officers and sub-officers of gendarmes, as well as by mayors or their representatives, namely designated. " 17. Article 28 shall be inserted after Article 28, with the following contents: "" Art. 28 ^ 1-Constituent offence and shall be punished with imprisonment from 3 months to 2 years the introduction or the port, by the persons participating in the places intended to carry out public gatherings, weapons of any kind, explosive materials or incendiary, irritant or paralyzing substances or other such materials, substances or objects. 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. " + Article II Law no. 60/1991 on the organization and conduct of public meetings, with subsequent amendments and with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Senate at its meeting of 11 December 2003, in compliance with the provisions of art. 76 76 para. (1) of the Romanian Constitution, republished. p. SENATE PRESIDENT, DAN MIRCEA POPESCU This law was adopted by the Chamber of Deputies at its meeting on February 17, 2004, in compliance with the provisions of 76 76 para. (1) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC Bucharest, March 5, 2004. No. 31. -------