The right of meeting and demonstration in the new regulatory framework of the citizen security protection Act of 4/2015 of March 30

  • Marcos Francisco Massó Garrote
Keywords: Fundamental Rights, Right of Assembly, Public Demonstrations, Political Participation, Freedom of Speech, Democratic law, «Jaw law» (Ley mordaza), Types of Assembly, Public order, Citizen security

Abstract

The object of the present research is the study of incidence and limitations that has raised the recent approval of Citizen Security Protection LO 4/2015 of 30th of March, specifically in those measures that affect the exercise of the fundamental right of Assembly and Demonstration, and to a whole model of Social and Democratic State of law, which is being threatened with the current economic and social crisis. The reality of this norm arises in a context of obvious social tensions whose social discontent against the crises and the social cuts is being channeled towards the most varied forms of protest, that with this reform has supposed to restrict one of its most basic rights as it is the right to demonstrate. The application of this law has meant regulate a set of measures which affect the constitutional dimension of this right and especially its essential content, that translates in our view, from the most concrete analysis of the doctrine of the Constitutional Court, as an unconstitutional legislative intervention and at an undemocratic cost to citizens in the exercise of their rights and freedoms. Although the law affects a large number of citizen security measures, on this article I will focus in those that affect or influence the democratic exercise of the fundamental right of Assembly and Demonstration. 

Published online: 29 December 2016

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Published
2016-12-29
How to Cite
Massó Garrote, Marcos Francisco. 2016. “The Right of Meeting and Demonstration in the New Regulatory Framework of the Citizen Security Protection Act of 4/2015 of March 30”. Estudios De Deusto 64 (2), 101-26. https://doi.org/10.18543/ed-64(2)-2016pp101-126.
Section
Studies