Masowe uczestnictwo osób jako przesłanka reglamentacji organizowania zgromadzeń, imprez masowych i pozostałych imprez artystycznych i rozrywkowych
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Date
2007
Authors
Journal Title
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1689-8052
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Volume Title
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Publisher
Oficyna Wydawnicza AFM
Abstract
Mass participation of natural persons in various events involves a few
activities treated differently by law, depending on its purpose or where
the given event takes place. A legislator reserves different restrictions for assemblies organised in accordance with the constitutional right
of the people to assemble peaceably, and yet different restrictions and
certain limitations are reserved for public mass events and other cultural
and musical events. It cannot be denied however that taking into
consideration a number of participants in such events, legal regulations
should be more uniform. On the other hand peaceable nature, specific
purpose and treating the organisation of assemblies as a manifestation
of the constitutional freedom decidedly differentiate them from sporting,
musical or cultural events. However, as far as sporting, musical
and cultural events are concerned the regulations concerning them are
also diversified depending on where the event takes place, and what
the previous experience concerning safety is (e.g. high risk).
A legislator introduces restrictions on assemblies and public mass
events, and other cultural and musical events taking into account the
protection of people’s life, health and property to a large degree as well
as sometimes the protection of public morality, and opportunities to
violate the regulations of criminal law. The creation of certain conditions
making it possible for local government bodies to intervene,
leaves some space for their instrumental treatment. That is why one
should consider working out certain standards of assessing risk resulting
from organising a given event. Cases from recent past serve as
good material for formulating motions de lege ferenda.
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Keywords
Citation
Studia Prawnicze. Rozprawy i materiały 2007, nr 1, s. 161-173.