FUTILITY OF THE REGULATORY FRAMEWORK ON THE ORGANIZATION AND OPERATION OF PUBLIC GATHERINGS — THE RIGHT TO PROTEST IN ROMANIA

Abstract

If in the introductory part of the paper we present the constituent elements of the right to protest in relation to constitutional or conventional provisions and by analyzing some jurisprudential elements of the national courts and of the European Court of Human Rights, in the second part we carry out a detailed analysis of the solutions pronounced by the relevant national courts, based on which we concluded the uselessness of the sanctions regulation regarding the participation in protest actions carried out in a peaceful context.