On 25 February 2020, a bill regulating public outdoor gatherings was put to public consultation. According to the explanatory memorandum that accompanied it, the bill aimed to fill a gap in the protection of human rights under the current Constitution, seeking to ensure the exercise of the right of assembly in public in full compliance with the requirements of Article 11 of the Constitution and Article 11 of the European Convention on Human Rights, as well as clearly demarcating the powers of the police authorities in the context of a legal order that respects and defends the guarantees of a state governed by the rule of law.
In July 2020 the bill (with some amendments, which can be seen here), was voted into law as law 4703/2020.
The provisions of the above law have caused (and are causing) concerns, however, as various provisions of it seem to be inconsistent with constitutional and supra-legislative provisions for the protection of the right of assembly (see commentary by the Scientific Service of the Parliament, the Hellenic League for Human Rights, the National Commission for Human Rights, Amnesty International, and the Bar Association).
Concerns centred around the following points:
The provisions of Article 4 detail the obligations of the organiser of an assembly (cooperation with the police authorities, compliance with their instructions, appointment of a sufficient number of persons for guarding, etc.) and Article 13 places responsibility on the organiser to compensate for any damage by the participants of the demonstration. This appears to create a serious obstacle to the exercise of the right, or could even constitute an indirect restriction to the exercise of the right. The ambiguity that characterizes the regulation of the responsibilities of the organiser also leaves room for abuse by the authorities. Moreover, as it is the police authorities that have the obligation to protect public safety rather than the organiser of a demonstration, the transfer of responsibility to the organiser is not compatible with the Constitution.
The lack of institutional dialogue and wider consultation (with civil society organizations, trade unions, etc.) during the drafting process was also heavily criticised.
The right of assembly is inextricably linked to the concept of democracy and is enshrined in Article 11 of the Constitution, Article 11 of the ECHR, Article 12 of the Charter of Fundamental Rights of the European Union and Article 21 of the International Covenant on Civil and Political Rights.
Any restriction of the right (as well as of all rights) is legal only if it takes place in a constitutionally permissible manner, subject to certain basic legal guarantees, such as the principle of proportionality and the prohibition of the infringement of the essence of the right.
Law 4703/2020 establishes a legal framework that regulates the exercise of the right of assembly. However, some of the provisions may not be consistent with the Constitution. The mandatory obligation to notify the authorities; the vague terms under which the right might be restricted; the extension of reasons for prohibiting and dissolving an assembly, and the liability placed on the organiser are some of these problematic provisions.
The fact that the provisions of this law appear to constitute an unjustified interference with the freedom of assembly, affecting the essence of the right itself, is unacceptable in a state governed by the rule of law.
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