The Right of Public Assembly — Constitutional Basis and the Law's Essence
The right to assemble publicly is a fundamental right recognized by the Constitution of Georgia: persons may assemble publicly and unarmed, without prior permission, both indoors and in the open air. The Law on Assemblies and Manifestations regulates the exercise of this right and establishes that it does not extend to persons who are members of the defence forces or of a body responsible for state or public security — the law enumerates these bodies in detail, from prosecution and police officers to officers of the special services.
This page describes the right of assembly and manifestation precisely from the standpoint of the right and its limitations: what an assembly and a manifestation are, when a restriction of the right is lawful, where and how an event may be prohibited or restricted, what participants are forbidden to do, and how a decision of the authorities can be challenged. The procedural details of organizing an event — the warning procedure and deadlines — are a separate topic covered on our other page.
Key Concepts — Assembly, Manifestation, Organizer
The law defines an "assembly" as the gathering of a group of citizens indoors or outdoors, a rally in places of public gathering, for the purpose of expressing solidarity or protest. A "manifestation" is a citizens' demonstration, a mass public appearance, a street procession to express solidarity or protest, or a procession using posters, slogans, banners and other visual means. A "spontaneous assembly/manifestation" is one held unplanned and immediately because of a significant public event, whose prior anticipation was impossible.
An "organizer" is the initiator of an assembly or manifestation, as well as a person who leads or otherwise organizes its holding; for the purposes of the law the responsible person is the organizer. The law also defines "proportionality of restriction" — a restriction corresponding to the goods protected by the Constitution, which is the most effective and least restrictive means of achieving that aim; stricter measures may be applied only where the protected good cannot be achieved otherwise.
The Conditions of a Lawful Restriction
The law clearly regulates that a restriction of the right of assembly is lawful only if it is aimed at achieving the goods protected by the Constitution; provided for by law; necessary in a democratic society; non-discriminatory; proportionate; and such that the good protected by the restriction outweighs the harm caused by the restriction. Together these six conditions form the test without which a restriction becomes arbitrary.
A separate guarantee concerns the media: organizers of assemblies or manifestations and representatives of law-enforcement bodies are obliged not to obstruct journalists with identifying marks of professional activity who cover the event. Liability for unlawfully obstructing a journalist's professional activity is determined by Georgian legislation.