CIVIL LAW ASPECTS OF THE EXERCISE OF THE FREEDOM OF ASSEMBLY IN THE REPUBLIC OF NORTH MACEDONIA

Abstract

The freedom of the citizens to assemble peacefully for pursuing their cause is recognized by the international human rights instruments as well as the national legislation. The scope of the right is defined and further specified in particular in the case-law of the European Convention on Human Rights. On a national level, the right is guaranteed by the Constitution and the mechanisms for its exercise and protection are in specific laid down in the Law on Public Assemblies. The international and national instruments guarantee the right to peaceful assemblies or gatherings. However, the gatherings may be violent or otherwise result in a breach of the rights of the others including damage to property and persons. On the key question - who will be liable for the damage occurred, the national legislation provides answers to questions that are to a certain extend contradictory. On one hand side, the specific law regulating the assemblies locates the liability for damage at the organizers of the assembly. On the other hand, the Law on Obligations as a general law regulating the liability for damage locates it primarily with the state. In the article, we argue that the approach of the Law on Obligations locating the liability for damage at the state and guaranteed the right (and the obligation) the state to claim compensation for the amount paid from the person who caused the damage is an approach that has a foundation in the international instruments.