Petr Černý
Author’s affiliation: The Faculty of Social and Economic Studies of the Jan Evangelista Purkyně University

The Conflict of the Right of Assembly and the Right of Property

Jurisprudence 1/2021 Section: Articles Page: 13-18

Keywords: right of assembly, right of property, European Court of Human Rights, Bundesverfassungsgericht, Constitutional Court of Germany, demonstration

Abstract: The paper deals with the question of whether property may be used for an assembly without the owner´s permission. These problems arise mainly with respect to assemblies taking place at airports, stations or shopping malls, which are owned by a private entity but these premises fulfil public functions. The problem is examined from the perspective of Czech law, the case law of the European Court of Human Rights and German theory and practice, since this issue has been discussed in Germany for several years. The research shows that the right of property is not unlimited and, under specific conditions, an assembly can take place at the property even without the owner‘s permission.