High Court of Cassation and Justice (ICCJ) decided on Monday that public assemblies must be previously declared when they are going to be held in squares or on public roads, or in other places that are in the vicinity of the premises or buildings of legal persons of public or private interest. The decision is mandatory.
Thus, the magistrates of the Supreme Court admitted the appeal in the interest of the law submitted by the Leading College of the Bucharest Court of Appeal.
In July the Managing Committee of the Bucharest Court of Appeal notified ICCJ of an inconsistent practice in courts regarding the interpretation of the provisions of Art. 3 of Law No. 60/1991 on the organization and running of public gatherings, specifically of the phrase “taking place outside of or within the precincts of premises or seats of public or private legal entities.”
Most of the courts under the jurisdiction of the Bucharest Court of Appeal considered that the gatherings taking place at a public venue – public road, carriageway, sidewalk, public square, or a location outside the premises of public or private legal entities do not need to be declared.