Despre legalitatea şi legitimitatea adunărilor publice

dr. EMILIAN-FLORIA POPESCU*

^* e-mail: emilian.floria@yahoo.com

Judecător - Judecătoria Lipova

ABSTRACT

The imperative to not let the governors and the governed persons commit any abuses has generated a specific manner of regulation of the organization of public assemblies, especially when they take place in public. The result of this regulation which, although it does not expressly provide the condition of authorising the organization and the conduct of these public assemblies, contains it nevertheless by default, has implications on the problem of the administrative authorizations. This result is the specific manner of establishing a required authorization that is not included within the scope of express authorizations or in the one related to the tacit approval procedure, placed, as well as the latter, in the sphere of legal fictions.

Whereas given the state of law and a genuine democracy it cannot be explained the reaction of the...