Why Is Freedom of Assembly Important?
Freedom of assembly is one of the fundamental human rights. It allows people to publicly express their views, protest, or collectively demand change. Without it, democracy cannot function fully.
In democratic societies, assemblies serve a participatory function, enabling individuals to influence political decisions and shape public discourse, independently of other representative mechanisms. It is through assemblies that citizens can feel that “their voice counts.”
The voice of an individual is not as strongly heard as the voice of thousands of people gathering for a common purpose with the same demands.
Historical examples:
- If the Solidarity strikes had not taken place in the 1980s, Poland would probably not have become a democratic country
- If Martin Luther King had not led the March on Washington, civil rights in the United States might have progressed more slowly.
Reflection question:
How would your life look if it were not possible to protest or collectively demand change?
Legal Basis
Freedom of assembly is guaranteed by the Constitution of the Republic of Poland:
Constitution of the Republic of Poland
Article 57: Everyone shall have the right to organize and participate in peaceful assemblies. Limitations on this freedom may only be introduced by law, in specific situations, e.g., for the security of the state, public order, protection of health, the environment, or the rights of others.
The right to assembly also stems from international legal instruments:
Charter of Fundamental Rights of the EU
Article 12: Everyone has the right to freedom of peaceful assembly and association.
European Convention on Human Rights
Article 11: Everyone has the right to freedom of peaceful assembly.
International Covenant on Civil and Political Rights
Article 21: States may restrict assemblies only in exceptional circumstances (security, public health, protection of the rights of others).
Key Principles
Note that the Constitution, when establishing freedom of assembly, uses the word: “Everyone.” This means that the right can be exercised not only by citizens of Poland but also by non-citizens.
Freedom applies only to peaceful assemblies, that is, those conducted with respect for the physical integrity of individuals and private and public property. If an assembly becomes dangerous, authorities have the right to disperse it.
Freedom of assembly has two aspects — active, the right to organize an assembly, and passive, the right to participate in assemblies. While only a person with full legal capacity, i.e., an adult, may organize an assembly, anyone — including children and youth — can take part in it.
It is somewhat like a football match — someone must organize it and be responsible for its course, but everyone can cheer for the team.
Notifying an Assembly
A notification of the intention to organize an assembly can be submitted to the local municipality. This can be done in writing, orally for the record, by email, or even by phone.
The list of information that must be provided when notifying an assembly is specified in Article 10 of the Act on Assemblies. You can also check your municipality’s website to see how to submit an assembly notification. For example, for assemblies organized in Warsaw, the procedure is described here: https://warszawa19115.pl/-/zawiadomienie-o-zgromadzeniu-publicznym
The date and time of the notification are important, as they determine the order of submissions. It is not required to receive explicit permission to hold an assembly. The absence of a negative decision means that the assembly may take place.
A decision to refuse the organization of an assembly can also be appealed to the Court.
A few years ago, a category of privileged assemblies, called recurring assemblies, was introduced. Such assemblies take precedence regardless of the order of notifications. This solution has been criticized because it significantly limits freedom of assembly.
Permission to organize such an event is granted by the voivode, based on criteria that give them broad discretion in making this decision.
According to Article 26a(1) of the Act on Assemblies:
If assemblies are organized by the same organizer in the same place or along the same route at least four times a year according to a prepared schedule, or at least once a year on national holidays, and such events have taken place over the past three years, even if not in the form of assemblies, and were intended particularly to commemorate significant events in the history of the Republic of Poland, the organizer may submit a request to the voivode for permission to organize these assemblies on a recurring basis.
Reflection question: Should recurring assemblies have priority? If so, why?
Restrictions on Freedom of Assembly
Restrictions are possible only in exceptional situations and must be proportionate.
Examples:
- The assembly promotes violence, hatred, or totalitarian ideologies.
- There is a real threat to life, health, or property.
- The organizer does not have full legal capacity.
- Participants bring weapons or other dangerous items.
Spontaneous Assemblies
It is not always necessary to notify an assembly in advance; sometimes this is impossible.
Assemblies can take place spontaneously if they are connected to a sudden event of significant public importance that could not have been foreseen.
A spontaneous assembly may be dispersed only in the case of a threat to safety or public order. The decision to disperse such an assembly is made orally, preceded by two warnings, and announced publicly to the participants.
Example: If information suddenly emerges about an unjust government decision, people may gather the same day to express their protest.
Summary
Freedom of assembly is not just a provision in the Constitution – it is a real tool for influencing government and social life. Thanks to it, citizens can unite, express opinions, and demand change.
Points for reflection:
- Is freedom of assembly in Poland currently fully respected?
- How can a peaceful assembly be distinguished from a disruptive one?
- Should the right to freedom of assembly be absolute, or should it have limits (e.g., regarding extremist groups)?