The Constitution of the Republic of Bulgaria provides that the international instruments to which Bulgaria is a party constitute an integral part of the domestic legislation and have priority over those domestic provisions that might contravene them.

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The Constitution of the Republic of Bulgaria provides that the international instruments to which Bulgaria is a party constitute an integral part of the domestic legislation and have priority over those domestic provisions that might contravene them.

Freedom of assembly is constitutionally guaranteed for all Bulgarian citizens. The constitutional provisions on the freedom of assembly are as follows:

Article 43

(1) Citizens shall have the right to peaceful and unarmed assembly for meetings and demonstrations.

(2) The procedure for the organizing and holding of meetings and demonstrations shall be established by law.

(3) No notice to the municipal authorities shall be required for meetings held indoors.

Primary legislation regulating the issue of freedom of assembly is:

Law on gatherings, meetings and manifestations (entered into force on 2.02.1990) - the main legal instrument that regulates the freedom to assembly

Law on local self-governance and local administration (entered into force on 17.09.1991)

Law on the Non-Profit Corporate bodies (date of entry into force - 01.01.2001)

Law on Religious Denominations (date of entry into force - 29.12.2002)

Law on Political Parties (date of entry into force - 28.03.2001).

There are regulations by regional competent bodies to facilitate the full enjoyment of the freedom of assembly.

According to the Law on gatherings, meetings and manifestations (LGMM) no one can be prosecuted or punished for organizing and taking part in gatherings, meetings and manifestations, or for the opinions, attitudes and positions they express, unless this constitutes a crime or another breach of law. (Art. 4.)

According to the Bulgarian legislation a public gathering or meeting might be held indoors or outdoors.

There are no quantitative requirements with regard to organizers and participants of an assembly.

The Law on gatherings, meetings and manifestations stipulates that  gatherings, meetings and manifestations can be organized and held by citizens, associations, political and other social organizations (Art. 2).

The Constitution provides that no notice to the municipal authorities shall be required for meetings held indoors. (Constitution, art.43 (3)).

No gatherings, meetings or manifestations are allowed to be held within the marked zone around the National Assembly or in close proximity to military sites (LGMM, Art. 7. (2))

The citizens may express their opinions, attitudes and positions regarding matters of political, economic, social cultural and other nature through words, posters, models or in some other appropriate way at an assembly (LGMM, Art. 3)

The citizens cannot be prosecuted or punished for organizing and taking part in gatherings, meetings and manifestations, or for the opinions, attitudes and positions they express, unless this constitutes a crime or another breach of law. (ibid. Art. 4.)

The citizens who are armed or carry other specially designed or adapted objects that might be used either against the life and health of people or for causing damages to property; who are evidently drunk, or who are disguised and it is hard to recognize them, are not allowed to take part in gatherings, meetings and manifestations (Ibid. Art. 6. (1))

Each organizer or participant bears responsibility for the damages caused through his/her fault in the course of the gathering, meeting or manifestation. (Ibid, Art.6.(2))

The organizers of the gathering or meeting should adopt measures for ensuring that the public peace will be kept in the course of the gathering or meeting. (LGMM, Art. 9. (1))

Not later than 48 hours prior to the start of an outdoor gathering or meeting its organizers are required to notify in writing the municipal people's council of the municipality on the territory of which the gathering or meeting will take place, specifying the organizer, objective, place and time of the gathering or meeting. (LGMM, Art. 8. (1)) In urgent cases the notification under the preceding paragraph regarding the gathering or meeting can be made within a term of one day.(LGMM, Art.8 (2))

The organizers of a manifestation notify in writing the municipal people's council regarding the objective, time and route of the manifestation not later than five days prior to the day it will be held, and in urgent cases - not later than two days prior to the day it will be held. (LGMM, Art. 11(1)).

There is no requirement to notify the municipal authorities for meetings held indoors.

Competent bodies to give authorization for the outdoor gathering or meeting are the council of the municipality on the territory of which it will take place or the mayor of the municipality. (See  also answer 12-13).

The competent body may prohibit the holding of a gathering, a meeting or a manifestation by a written act, stating the motives, within 24 hours following the notification. The prohibition may be issued in those cases where there exist unquestionable data that:

1. the assembly is aimed at a forcible transformation of the constitutionally established public and state system or that they are directed against the territorial integrity of the country;

2. the assembly endanger the public peace in the respective population centre;

3. the assembly endanger the public health in an epidemic situation announced beforehand; (LGMM, Art. 12 (2))

4. they infringe the rights and freedoms of other citizens.

The organizer of the gathering, meeting or manifestation is entitled to file an appeal against the prohibition under the preceding paragraph with the Executive Board of the Municipal People's Council, and the latter renders its decision within a term of 24 hours. (LGMM, Art. 12(4)). In those cases where the body under the preceding paragraph fails to render its decision within the specified term, the gathering, meeting or manifestation can be held. (LGMM, Art. 12 (5)). In those cases where the appeal is disallowed, the dispute is submitted to the respective regional court, and the latter renders its decision within a term of five days. The decision of the court is a final one. (LGMM, Art. 12(6))

Those citizens and officials who break the public peace and infringe upon the guarantees regarding the organization and holding of gatherings, meetings and manifestations, are imposed a fine of 50 to 300 lv., unless they are subject to a more severe punishment. (LGMM, Art. 14. (1)). The breach is ascertained through an act of the respective body of the municipal people's council. (LGMM, Art.14 (2)). The penalty warrants are issued by the President of the Executive Board of the Municipal Council or by the President of the District People's Council, respectively, and can be appealed against in accordance with the procedure set forth in the Law on Administrative Violations and Penalties. (LGMM, Art.14 (3).

The police officers are charged with ensuring the public order during all public gatherings. An assembly can be forcefully dispersed in case it contradicts the provisions of the Law on gatherings, meetings and manifestations.

In case of exceeding the limits of use of power, and consequent deaths and injury, on the basis of conducted investigations as well as on its own sources, the military prosecutor's office has the responsibility for prosecution of the guilty police officers.

Analysis is based on information provided by the Permanent Mission of the Republic of Bulgaria to OSCE.

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