和平集会自由权及其在阿尔巴尼亚的执行情况

Ermonela Ruspi
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引用次数: 0

摘要

集会自由是一系列国际法律文件所宣布并为许多国家国内法所认可的基本自由之一。近年来,在经济、社会和政治环境或与大流行病有关的环境的影响下,这一自由已成为公民或不同实体联合起来表达其关切和不满的工具。除了在阿尔巴尼亚取得的进展之外,实际上,在许多情况下,由于对法律的目的缺乏了解或国家警察雇员在采取措施管理集会方面缺乏培训,在保障公民行使集会自由方面发现了问题。在本文中讨论集会自由时,考虑到了以评估法律框架为基础的方法,以及在阿尔巴尼亚的情况下执行这项权利所产生的挑战。资料的来源是根据阿尔巴尼亚境内外各机构关于规定集会自由的法律框架以及关于组织集会的具体情况和新出现的问题的报告。最后,该文件反映了在改进法律保障以及阿尔巴尼亚公共当局在行使集会自由方面采取措施方面的一些建议。收稿日期:2022年5月05日/收稿日期:2023年5月16日/发表日期:2023年5月20日
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Right to Freedom of Peaceful Assembly and its Implementation in Albania
The freedom of assembly is one of the fundamental freedoms declared in a series of international legal documents and sanctioned in the domestic law of many states. In recent years, under the influence of economic, social, and political circumstances or those related to the pandemic, this freedom has been a tool in the hands of citizens or different entities to organize together and voice their concerns and grievances. In addition to the progress made in Albania, in practice, in many cases, problems have been identified in guaranteeing the exercise of the freedom of assembly of citizens by public authorities due to a lack of understanding of the purpose of the law or the lack of training of State Police employees in regards to taking measures for the management of gatherings. In addressing freedom of assembly in this paper, the methodology based on the assessment of the legal framework has been taken into consideration, as well as the challenges arising in the implementation of this right in an Albanian context. The sources of information are based on the reports of various institutions inside and outside Albania, on the legal framework that regulates the freedom of assembly, as well as on concrete situations of the organization of assemblies and emerging problems. The paper in conclusion reflects some recommendations in the context of improving legal guarantees as well as the taking of measures by public authorities in Albania in the exercise of freedom of assembly.   Received: 05 May 2022 / Accepted: 16 May 2023 / Published: 20 May 2023
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