What are the general conditions for organising meetings, demonstrations or pickets?
important As a general rule, the organiser should inform the local public authorities (primaria) in advance about the planned assembly.
To inform the local authorities about a meeting, demonstration or picket, the organiser of the event must submit a written notification to the local public authorities in which the event is to be held not later than five days before the event. The authorities will usually provide you with a standard form to fill in. The law sets out the content of the written notification and the procedure for submitting it.
example The Chișinău City Hall has elaborated a website dedicated to the assemblies in Chișinău, the capital city of Republic of Moldova, which contains, among others, the following useful features:
- you can download a form for written notification of a planned assembly
- you can submit key information about your event to be included in the City's online calendar of events
- you can check out data and reports on the assemblies in the city since 2014
After notification is submitted, the local public authorities shall take the necessary actions to provide the services required by the organiser, if any (for example, access to electricity or water, cleaning services or the presence of the ambulance service), and shall take the necessary measures to ensure the security of the assembly. According to the law, the local public administration may consult with the organisers and issue recommendations on the place, time and form of the assembly and, in a limited number of cases, initiate judicial procedures to challenge the conditions of the assembly or its cancellation.
important The filing of a lawsuit does not suspend the right to hold an assembly.
The Law on assemblies also lists exceptions for which notice need not be given.
example If an event is organised about an issue about which it was reasonably impossible to know in advance (spontaneous assembly), the local authorities need to the notified about the organisation of event as soon as possible. In this case, it is sufficient to provide information on the place, date, time, purpose and organiser of the assembly, as well as on the services required from the local public administration.
example It is not necessary to notify the local public administration in advance if the number of participants is less than 50 (meeting with a limited number of participants). However, if the organisers of such an assembly require certain services from the local public administration or wish to erect a temporary structure, they must submit a written notification at least one working day before the date of the assembly.
What human rights violation may there be?
If you are prohibited or held back from conducting a lawful peaceful assembly, your right to assembly or freedom of expression may have been violated.
Any restrictions on the freedom of assembly or freedom of expression must be prescribed by law, pursue a legitimate aim, and be necessary in a democratic society. If they fail to meet any one of these three requirements, such a restriction cannot be considered justified.
Read more about freedom of assembly and freedom of expression in this Guide.