On November 7, 2018, the President of the Capital City of W. banned the cyclical assembly organized by the Association. Among the reasons supporting this decision, a threat to life or health of people or property in significant sizes was indicated. It was decided that the police did not have enough officers to secure the march, and the media reported on the potential participation of extremely nationalistic and fascist groups. The Association appealed to the court. The court stated that, although the President of the Capital City of W. was the competent body to make such a decision, he did not substantiate the fact that the organization of the march threatened the life or health of people or property in large proportions. The court pointed to far-reaching arbitrariness of decision and noted that the assembly organized by the President of the Republic of Poland does not have priority over the Association’s meeting. The author of the commentary expresses his approval for the court’s decision, in particular, pointing to the need to limit the right to freedom of assembly only in extreme situations and in accordance with the Polish law. He points to the fact that even the most extremist groups have the right to manifest as long as they do not violate criminal law provisions. The author also agrees with the court’s opinion that state assemblies do not take precedence over private ones because the legislator did not introduce such provisions.

Commentary to the decision of the District Court in Warsaw, XXV Civil Department, Case No. XXXV Ns 196/18

On November 7, 2018, the President of the Capital City of W. banned the cyclical assembly organized by the Association. Among the reasons supporting this decision, a threat to life or health of people or property in significant sizes was indicated. It was decided that the police did not have enough officers to secure the march, and the media reported on the potential participation of extremely nationalistic and fascist groups. The Association appealed to the court. The court stated that, although the President of the Capital City of W. was the competent body to make such a decision, he did not substantiate the fact that the organization of the march threatened the life or health of people or property in large proportions. The court pointed to far-reaching arbitrariness of decision and noted that the assembly organized by the President of the Republic of Poland does not have priority over the Association’s meeting. The author of the commentary expresses his approval for the court’s decision, in particular, pointing to the need to limit the right to freedom of assembly only in extreme situations and in accordance with the Polish law. He points to the fact that even the most extremist groups have the right to manifest as long as they do not violate criminal law provisions. The author also agrees with the court’s opinion that state assemblies do not take precedence over private ones because the legislator did not introduce such provisions.