Present problems to the Right to Peaceful Public Assembly in Spain

Abstract

he Public Safety Organic Act 4/2015, also known as Spanish "gag law", has been harshly criticized by both national and international experts, and several worldwide institutions, due to the fact that it may be considered contrary to human rights and fundamental freedoms. This report focuses on the identification of the standards of protection of the right to peaceful public assembly and the challenges this new regulation poses to it. Therefore, we will cover the following areas: On the one hand, we shall analyze the Spanish legal framework, that includes the following: Article 21 of the Spanish Constitution, which offers a special protection to the right to peaceful public assembly. The constitutional standards of protection. The problem of the definition of this right. The case-law of the Constitutional Court, in order to identify the standards of protection set by it. Articles 513 and 557 of the Criminal Code. The Private Security Services Act, as it regulates some aspects that may interfere with fundamental rights, as the one we are studying in this report. Finally, we will analyze the regulation established by the new Public Safety Organic Act, entered into force in 2015, and also the Peaceful Public Assembly Regulatory Act. On the other hand, we will research into the international standards of protection of the right to peaceful public assembly, which are mainly settled in three international legal instruments: The Human Rights Council, the International Covenant on Civil and Political Rights, and the European Convention on Humans Rights, and its case-law. Finally, we shall conclude this report with a critical approach to the new regulation established by the Public Safety Organic Act, as we consider it precludes the standards of protection we will identify throughout the report.