Right to hold meetings and demonstration marches in the framework of decisions of The Constitutional Court and The European Human Rights Court

The tolerant nature of pluralist democracies for broad-mindedness and different opinions has enabled the right to hold meetings and demonstration marches, both throughout the history and today, to be applied as a criterion in the assessment of the democratic structure of States and regarded as one of the cornerstones of democratic societies. However, the potential abuse of meetings and demonstration marches, a means for collective expression of thoughts, by evolving into an atmosphere involving violence has rendered the right to assembly no longer an ordinary political right and led it to become a right which has a high possibility of conflicting with other rights and exercise of which is intended to be narrowed and limited in scope. Although democratic nature of the regimes affording no protection to the right to hold meetings and demonstration marches is controversial, envisaging no boundaries or limits as to this right causes public disorder and may even attain the extents that would pose a threat to democratic system, which brings along legal issues of complex and delicate nature in its exercise. In this sense, the aim of this paper is to ascertain the normative scope and limits of the right to hold meetings and demonstration marches, which is one of the pillars of pluralist democracies, in line with the European Convention on Human Rights and the Turkish law and to dwell on the limits of interference with this right, the obligations incumbent on the State and discretionary power of public authorities for ensuring the effective exercise of the right. Accordingly, this paper will give an insight into the judgments of the Turkish Constitutional Court ("the TCC") reflecting the constitutional perspective of the protection of this right within the domestic law, as well as into those rendered by the European Court of Human Rights ("the ECtHR") which are indeed regional, albeit universal as to their effects. The judgments of the TCC and the ECtHR cited herein are an instrumental guide for determination of the current legal issues encountered in the exercise of this right. The criteria taken as a basis for ascertaining the normative scope of the right to hold meetings and demonstration marches are discussed herein. In this context, particular emphasis is placed on the notion of unarmed meetings involving no attack, that is to say those of peaceful nature. It is further assessed whether Law no. 2911 on Meetings and Demonstrations dating back to the Ottoman law and its implementation are in conformity with the Constitution and the European Convention on Human Rights. The nature and limits of the interferences by the public authorities with the right are also addressed. Finally, conducts of the law-enforcement officers likely to constitute the extremely tense moments during the meetings and demonstrations are dwelled on. This paper is also intended for ascertaining the State's positive obligations for the effective exercise of the right, as well as the margin of appreciation afforded to the State for any interference therewith. Apart from the judgments of the TCC and the ECtHR, this paper refers also to certain recommendations, guides and decisions of other national and international judicial bodies. Keywords: European Court of Human Rights, Constitutional Court, right to hold meetings and demonstration marches, Law No. 2911, peaceful assembly, democratic society, positive obligation, margin of appreciation