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.
Prohibited Places, Purposes and Restrictions on Participants
The substantive boundaries of the right run in two directions. The first is place: holding an event is prohibited in the buildings of law-enforcement bodies and within twenty metres of their entrances, at stations, airports and ports within the same radius, and within one hundred metres of military facilities; in an enclosed space — without the owner's written consent. Blocking the entrances of buildings, motorways, bridges, tunnels, overpasses and railways is likewise prohibited.
The second is content and participant conduct: when organizing and holding an event it is inadmissible to call for the overthrow or violent change of the constitutional order, for violating the country's independence and territorial integrity, or to make calls that constitute propaganda of war and violence and incite national, regional, religious or social strife. Participants are forbidden to carry firearms, explosive, flammable or radioactive substances, cold weapons and pyrotechnic products, devices emitting laser or intense radiation, tear-inducing, nerve-paralytic or poisonous substances; to cover their faces; to carry alcoholic drinks; deliberately to create obstacles to movement; and to block, disfigure or damage buildings, monuments and memorials of historical, archaeological, architectural or scientific significance.
The Powers of the Ministry of Internal Affairs and Judicial Control
To protect public safety and order, the Ministry of Internal Affairs may, within 3 days of receiving the warning — and for a spontaneous event, at its venue — examine the expediency of changing the time or place or the route and issue a binding instruction to the organizers or participants, where the event poses a real threat to security, order, the movement of traffic or people, or where another event is planned for the same place and time. The instruction may set an alternative time, place or route.
The Ministry is also empowered not to allow an event to be held where there are obvious data verified by the police that it poses a direct threat to the constitutional order or to citizens' life and health. Both the binding instruction and the prohibition decision may be challenged in court, and on a complaint against a prohibition the court adopts a final decision within 2 working days. An appeal does not suspend the effect of the instruction — a balance between the state's rapid response and judicial control.
Frequently Asked Questions
What is the basis of the right of assembly?
A right recognized by the Constitution — to assemble publicly and unarmed without prior permission, indoors and outdoors. The law regulates the manner of its exercise and defines its limitations.
To whom does the right not extend?
To persons in the defence forces and bodies responsible for security — including officers of the prosecution, police, special and other services.
Can an event be prohibited?
Only on the basis of obvious data verified by the police showing a direct threat to the constitutional order or to citizens' life and health. Such a decision can be challenged in court.
What are participants forbidden to do?
To carry weapons, explosive and poisonous substances, pyrotechnics, laser devices; to cover their faces; to carry alcohol; deliberately to obstruct movement; and to damage monuments.
How quickly does the court review a prohibition?
On a complaint against a prohibition the court adopts a final decision within 2 working days.
How We Help on Legal.ge
The Legal.ge team defends citizens' and organizers' right of assembly: assessing the lawfulness of restrictions and prohibitions, preparing court complaints, representing clients in dealings with administrative bodies, and protecting the interests of media representatives. If your event has been restricted or you need an assessment of a planned action's legality — contact us for an evaluation grounded in the specific applicable norms.