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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Law No. 31 of 5 March 2004 amending and completing law No. 60/1991 relating to the Organization and holding of public meetings and published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 223 of 15 March 2004 Parliament adopts this law.

Article I the law. 60/1991 relating to the Organization and holding of public meetings and published in the Official Gazette of Romania, part I, no. 192 of 25 September 1991, as amended, is modified and completed as follows: 1. Paragraph 2 of article 1 shall read as follows: "Public Assemblies, 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."
2. Article 2 shall read as follows: Art. 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 for sanctioning infringements of the deeds of some social cohabitation rules, order and public tranquility, republished, with subsequent amendments and additions. "
3. Article 3 shall read as follows: Art. 3-there must 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. "
4. Article 4 shall read as follows: Art. 4-the Mayor, the 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. "5. Article 6 shall read as follows: Art. 6-for organizing public meetings will address applicants, in writing, the Mayor administrativteritoriale unit on the Assembly is to be conducted. "
6. Article 7 shall read as follows: Art. Organizers of public assemblies 7-will 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 specimen in the annex. "
7. Article 8 shall read as follows: Art. 8-set up 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.
In duly justified cases, in agreement with the organizers, advising boards may modify some elements contained in the prior statement to them. "
8. (a)) article 9 shall read as follows: ' a) totalitarian nature propagandising fascist, Communist, racist, chauvinistic 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; "
9. Article 10 shall read as follows: Art. 10-the Mayor of the village, on a proposal from the Commission for an opinion, may prohibit the organisation 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.

Within two days, the Mayor is required to notify the organisers ' decision to ban, which can be challenged in administrative courts according to law nr. 29/1990, as amended. "
10. Article 12 shall read as follows: Art. Organizers of public assemblies 12-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 laid down;

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.

Where the 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. "
11. The letter c) article 13 shall read as follows: "(c)) shall not enter or during public assemblies, objects of nature as set forth in art. 12(3). and (b). g) and (j)); "
12. Article 19 shall read as follows: Art. 19-intervention in force will be approved by the prefect or its predecessor, at the request of the Commander of the gendarmerie forces that provide measures of public policy the place of public assembly.
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. "
13. Article 20 shall read as follows: Art. 20-the use of force will only be made after the warning and somarea participants to disperse, the 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.
Warning and somarea are not required where upon law enforcement agencies exercising violence times they are in imminent danger. "
14. In article 26, paragraph 1, points e) and g) are repealed.
15. Paragraph 2 of article 26 shall read as follows: "the Offences referred to in paragraph 1. and (b). the-c)) is sanctioned with fine 10 million 100 million lei lei, and those referred to. (d)), f), (h))), j) and (k)), with a fine of 5 million lei la 50 million lei. "
16. Article 27(2) shall read as follows: Art. 27-Offences under article 4. 26 policemen are found, the officers and enlisted the gendarmerie, as well as mayors or their representatives, that is to say. "
17. According to article 28(2) shall be inserted in article 28 ^ 1 with the following content:

"Art. 28 ^ 1 to Constitute an infringement and is punishable with imprisonment from 3 months to 2 years, or placing the port participating in the places intended for public assemblies, deployment of weapons of any kind, incendiary, explosive materials or substances or paralyzing effect iritantlacrimogene or such other materials, substances or objects.
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 toward the security forces to prevent their times — and the legal powers to ensure order in the conduct of public meetings. "

Article II law. 60/1991 relating to the Organization and holding of public meetings, with subsequent amendments and with the changes and additions brought about by this law, will be republished in the Official Gazette of Romania, part I, posing a new texts.
This law was adopted by the Senate at its meeting on 11 December 2003, in compliance with the provisions of art. 76 para. (1) of the Constitution of Romania, republished.
p. PRESIDENT of the SENATE, DAN MIRCEA POPESCU this law was adopted by the Chamber of deputies at its meeting of 17 February 2004, in compliance with the provisions of art. 76 para. (1) of the Constitution of Romania, republished.
p., PRESIDENT of the CHAMBER of DEPUTIES, AHMED, March 5, 2004 in Bucharest.
No. 31.

Related Laws