The Constitutional Court of Georgia upheld the constitutional claim of the Public Defender of Georgia and declared unconstitutional the requirement to notify the local executive body five days in advance of a spontaneous assembly or demonstration.
According to the Constitutional Court, the freedom of assembly guaranteed by Article 21 of the Constitution of Georgia includes both pre-organized and spontaneous assemblies. Recognizing the need for immediacy in certain situations, the decision affirms that the right to spontaneous assembly and demonstration, even if it involves disruption of traffic, falls within the protected sphere of freedom of assembly and demonstration. Prior to the decision, Article 21 of the Georgian Constitution did not explicitly recognize spontaneous assembly.
The decision specifically addresses the conflict between Article 21 of the Georgian Constitution (which guarantees the freedom of assembly) and Article 8 of the Law on Assemblies and Manifestations (which requires the prior notification) and notes the impracticality of timely notification for spontaneous gatherings.
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