Act of the Republic of Slovenia on Public Assembly (2002, as amended 2005) (English)
On the basis of Article 153 of the Rules of procedure of the National Assembly, the National Assembly of the Republic of Slovenia approved, at its session of 30 November, 2005, the official consolidated text of the Act on Public Assembly, which encompasses:
- The Act on Public Assembly (Official Gazette of the Republic of Slovenia, no. 59/02 dated 05/07/2002),
- the Act Amending the Act on Public Assembly ZJZ-A (Official Gazette of the Republic of Slovenia, no. 60/05 dated 24/06/2005) and
- the Act Amending the Act on Public Assembly ZJZ-B (Official Gazette of the Republic of Slovenia, no. 90/05 dated 10/10/2005).
THE ACT ON PUBLIC ASSEMBLY
I. General Provisions
Article 1.
(Purpose of the Act)
This Act shall set out the manner of realizing the constitutional right of peaceful assembly and public meeting at public gatherings and public events.
Article 2.
(The right of assembly and meeting)
Everyone has the right to organize public gatherings and public events and to participate in them.
No one shall be allowed to prevent participation in public gatherings or public events, except in such cases as are determined by this Act.
Article 3.
(The right of aliens to gather and meet)
Foreign legal entities or aliens can organize public gatherings only on the basis of a permit.
Irrespective of the provisions of this Act, a permit is also required for organizers of public events if such are organized by a foreign legal entity or alien who has not had permanent or temporary residence in the Republic of Slovenia for more than one year.
Article 4.
(Definition of terms)
For the purposes of this Act, the terms below shall have the following meanings:
1. public gathering (hereinafter: gathering) is any organized assembly of persons for the purpose of expressing opinions and standpoints on questions of public or common importance in open or enclosed spaces where access is allowed to anyone;
2. public event (hereinafter: event) is any organized assembly of persons for the purpose of carrying out a cultural, sport, entertainment, educational, religious or other activity in such a manner that participation is unconditionally or under determined conditions allowed to anyone;
3. an organized gathering or event is a gathering or event for which the organizer announces (publicly advertises) or invites participation by means of public announcements or invitations sent to those who should participate in such gathering or event;
4. an unorganized gathering is an unplanned assembly of people without an organizer for the purpose of expressing opinions and standpoints on questions of public or common importance in open or enclosed spaces where access is allowed to anyone;
5. a spontaneous street performance is an unorganized and free performance of street artists or performers;
6. an organizer of a gathering or event (hereinafter: organizer) is a natural person or legal entity on account of whom a gathering or event is performed and anyone who publicly proclaims themselves to be an organizer or functions as an organizer before a state body;
7. a leader of a gathering or event (hereinafter: leader) is a person who leads a gathering or event;
8. a security guard at a gathering or event (hereinafter: security guard) is a person who is determined by an organizer to maintain order at a gathering or event;
9. a head of security is a security guard who leads and organizes the work of security guards;
10. the security service is the sufficient number of security guards including the head of security;
11. a participant in a gathering or event (hereinafter: participant) is a person who participates in a gathering or event following the invitation of an organizer and a person who attends the execution of the programme of a gathering or event at the place of the event;
12. the place of an event is the place required for the execution of a gathering or event where order is maintained by an organizer;
13. the duration of a gathering or event is considered to be the time period from when the participants first begin to assemble until their dispersal;
14. dangerous objects are objects with which can cause serious bodily harm or seriously damage health.
15. international sport events are large international sport events as defined by the law regulating the field of sport, international club competitions and national team appearances occurring under the auspices of international or national branch sport associations, and other sport events in team sport branches in which a foreign club, which is a member of the first National League in its country of providence, participates.
16. objects which may jeopardize the life or health of people or their property are pyrotechnical articles for third and fourth category fireworks, firearms as defined by the law regulating the rights and obligations of private persons, legal persons and individual private entrepreneurs with respect to firearms, with the exception of firearms used as theatre props, and all other objects used by the organizer in the carrying out of the event programme, or by participants within the framework of the event programme, if the use of these objects may jeopardize the life or health of participants or other persons or their property;
17. devices which may jeopardize the life or health of people or their property are vehicles (all means of transport intended for driving on the road, with the exception of special means of transport, such as child transport vehicles, hospital carts, sport accessories and devices enabling movement faster than a pedestrian's walk, and motor sleds), aircrafts (airplanes, ultralight motor aircrafts, motor kites and other motorised flying devices, as well as model airplanes, ultralight gliders, glider kites, hang glider parachutes, hot air balloons), amusement devices (roundabouts, amusement park trains, etc.), and other devices used by the organizer in the carrying out of the event programme, such as larger temporary structures (special construction stages, spectator stands, tents and the like), machines, apparatuses especially made or adapted for the event (special elevators, drag lifts) or other operating devices which may jeopardize the life and health of participants and other persons or their property in their normal operation and use, or in adapted use.
A person is considered to have appropriate psychophysical capabilities if they are not obviously under the influence of alcohol or other psychotropic substances and concerning their physical abilities, are objectively capable of performing entrusted tasks.
Article 5
(Exceptions to the applicability of the Act)
This Act shall not apply for:
1. public assemblies for which there are valid special regulations in so far as such regulations regulate them differently;
2. religious rituals in buildings or places determined for the performance of religious activities and public places which compose a unit of land and buildings on which stands a building designated for the execution of religious activities;
3. birth and wedding ceremonies, anniversaries, family holidays and similar gatherings, funeral processions and other mourning ceremonies, and local religious pageants and processions which take place on the usual roads and do not jeopardize the safety of road traffic;
4. congresses, general and other meetings which represent the manner of work of state bodies, bodies of local communities, political parties, trade unions, religious communities, associations or management bodies of companies and other organizations or which are work assemblies of schools and other forms of education, if they are organized in closed places;
5. assemblies in connection with the execution of the office of National Assembly Deputy or municipal councilor (meeting with voters), if they are carried out in closed places;
6. spontaneous street performances.
The provision of the third paragraph of Article 10, the provision of the third indent of the first paragraph of Article 14 in the part concerning security guard service, and the provision of the twenty sixth and second paragraphs of Article 27 of this Act do not apply to state celebrations organized by the President of the Republic of Slovenia, the National Assembly of the Republic of Slovenia, or the Government of the Republic of Slovenia.
Article 6
(Limitations)
It is prohibited to organize gatherings or events with the intention to commit criminal offences or promote the commission of criminal offences or with the intention to cause violence, disturb the public order or obstruct public traffic.
It is prohibited to organize gatherings or events in the open air in the immediate vicinity of buildings which are protected according to special regulations if the gathering or event could interfere with the protection of such buildings.
The competent body shall prohibit a gathering or event also in the event that the organizer has not demonstrated sufficient measures for ensuring order, the protection of the lives and health of participants and other persons, the protection of property, public traffic safety, the protection of the environment, the proper condition of equipment or the safe usage of objects which could threaten the life, health or property of people, if the usage of the place of an event is prohibited by the decision of a state body or if the minister responsible for health within the limits of the statutorily determined authority prohibits the assembly of people in particular public places.
Article 7
(Registration)
The registration of gatherings or events in accordance with this Act shall be accepted at the police stations, police department or police office in the area where the gathering or event is to be organized (hereinafter: the competent police station).
Article 8
(Permits)
Pursuant to this Act, the competent administrative unit in which the gathering or event is organized (hereinafter: the competent body) shall decide in the first instance.
The ministry responsible for home affairs shall decide in the second instance.
II. The Organization of Gatherings and Events
Article 9
(General measures)
On the proposal of the minister responsible for the environment, the Government of the Republic of Slovenia shall determine the manner of use of sound amplification and other equipment which produce noise at gatherings or events such that they do not result in an excessive burden on the environment.
On the proposal of the minister responsible for sports, the Government of the Republic of Slovenia shall determine general measures which must be carried out by owners or administrators of sport buildings and organizers of sports events in such buildings in order to ensure order and the safety of participants and other persons and property at such events.
Article 10
(General obligations of the organizer)
The organizer must organize the gathering or event in such a manner that the public order is maintained, the lives and health of the participants or other persons or property are not jeopardized, public traffic is not disturbed and the environment is not burdened.
The organizer must designate a leader. A person who is at least 18 years old and has the appropriate psychophysical capabilities for executing the duties of a leader can be a leader.
In order to ensure public order at the event venue, the organizer must ensure a security service in accordance with the character of the gathering or event and expected number of participants.
If the organizer of a sport event in a team sport branch with a permit referred to in Article 16 of this Act is imposed the measure of requiring personal data from ticket buyers at the time of purchase (personalization of tickets), for reasons of increased risk of endangerment of public order, safety and health of participants and other persons, it may only require data concerning the name, nationality and permanent or temporary address, and only from individuals to whom these data apply. Personal data may only be collected in accordance with the rules regulating protection of personal data, and may only be disclosed to the police, for the purpose of carrying out of tasks the police has under the provisions of this Act and binding international agreements regulating measures for the prevention of violence at sport events. The organizer is liable to keep the collected personal data for a maximum of three months of the event, after which it must destroy them.The organizer is liable to act in the same manner and under the conditions laid out in the previous paragraph with regard to personal data acquired through video surveillance of the gathering or event. If activities regulated by other regulations are performed at the gathering or event, the conditions laid out by such regulations for the carrying out of such activity must also be fulfilled.
Article 11
(Obligation to register)
The organizer of a gathering must register the gathering at least three days before the day of the gathering and the organizer of an event at least five days before the day of the event.
If at the same place an organizer organizes events of the same nature which, in accordance with this Act, must be registered within a determined time period which must not be longer than six months, they can register all events in such period at the same time.
Article 12
(Events for which registration is not necessary)
Unless otherwise determined by this Act, it is not necessary to register events organized by:
1. companies and individual private entrepreneurs within the framework of the execution of their registered activity in their place of business;
2. state bodies, local communities, political parties, trade unions, religious communities, associations and other organizations in connection with carrying out their activities as determined by regulation, statute or rules, in their places of business intended for the execution of such activities;
3. university, secondary and primary school students, within the limits of the house rules on school property;
The organizer of an event from the previous paragraph is obliged to ensure all measures for maintaining public order at such events as determined by the second and third indents of the first paragraph of Article 25 and Article 27 of this Act.
If an organizer from the 1st point of the first paragraph of this Article organizes catering events providing mechanical or live dance music or an entertainment programme, it must also ensure the safety of the event in accordance with the rules regulating personal safety in so far as they are not in contradiction with the provisions of this Act.
Article 13
(Gatherings and events for which a permit is necessary)
Irrespective of the provisions of Articles 11 and 12 of this Act, a permit is necessary for gathering in the street and for the following events:
1. international sports events and competitions involving first national league clubs in team sports;
2. events where open fire is used or objects or devices which can jeopardize the lives or health of people or property;
3. events where more than 3000 participants are expected.
A permit for events from the 2nd point of the previous paragraph is not necessary if the organizer is a company or sole trader, who in the framework of the performance of their registered activity, operates entertainment equipment in their place of business.
The organizer must submit an application for the issuance of a permit to the competent body at least seven days before the day of the gathering or event.
Article 14
(Application)
In the registration of the gathering or event and in the permit application it is necessary to list:
- the particulars of the organizer of the gathering or event (personal name, social security number or the date of birth and gender, if a social security number has not been issued, citizenship, the address of the permanent or temporary residence or company, the headquarters, personal identity number and name of the representative);
- the place, time and duration of the gathering or event, the programme of the gathering or event and expected number of participants;
- the personal data of the leader and the head of security (personal name, social security number or date of birth and gender, if a social security number has not been issued, citizenship and address of permanent or temporary residence); if the security service is performed by an entity who activities concern the safety of people and property, also its data (company, headquarters, personal identity number and name of the person in charge) must be submitted;
- the personal data of the authorized organizer of services at the headquarters of the competent body (name, address of permanent or temporary residence) and the method of notifying such;
- the method for protecting the gathering or event with an indication of the number of security guards and measures for the maintenance of the public order, the protection of the lives and health of participants and other persons, the protection of property, in such a manner that public traffic would not be threatened and the environment would not be burdened.
The organizer must enclose with the application the consent of the owner or manager of the land or space where the gathering or event is organized and proof that the local community has been notified in written form of the gathering or event; if excessive noise with sound amplification or other equipment is to be produced at the gathering or event, a permit must be issued by the body competent to issue such and enclosed.
It is necessary to enclose proof of the technical condition of the equipment or of the safe use of objects in addition to the proof specified in the previous paragraph with the application, with which the permit is applied for, if at the gathering or event equipment or objects are used which can be a threat to the lives or health of people or property; if it is necessary to prohibit or limit public traffic due to a gathering, it is also necessary to enclose a permit issued by the body competent for such.
There is no administrative fee for registering the gathering or event.
The information from the first paragraph of this Article on such organizer, gathering, event or leader is public. If the information refers to a natural person, only the information on the personal name is accessible to the public.
Article 15
(Receipt of applications)
The competent police station confirms the receipt of a gathering or event registration. The statutory provisions which regulate general administrative procedure are not used for the receipt and confirmation of the receipt of a registration.
If a permit is necessary for the registered gathering or event, the police station shall immediately send the registration to the competent body and notify the organizer of such.
The competent body shall treat the registration as an application for a permit as specified in Article 14 of this Act. The application shall be considered to have been submitted on time if the competent police station receives it within the term determined in Article 13 of this Act. If the competent body establishes that no permit is necessary, it shall return the registration to the police station, and notify the organizer.
Article 16
(Procedure for issuing a permit)
The competent body shall issue a permit for a gathering or event if the organizer has demonstrated in the procedure that it has instituted sufficient measures to ensure the public order, the safety of the lives and health of participants and other persons, the protection of property and that the gathering or event will not threaten public traffic and represent an unacceptable burden on the environment.
In the permit the competent body can impose on the organizer additional measures to ensure a greater degree of safety of people and property and to maintain the public order.
The competent body shall immediately notify the competent police station of the issued permit.
Article 17
(Combined permit)
A permit for a public event can be issued for more than one event of the same nature for a term determined by the competent body. Such term can not be longer than six months.
Article 18
(Revocation of a permit)
The competent body shall revoke an issued permit if the organizer of the gathering or event does not execute the measures determined in the permit, or if subsequent to the issuance of the decision there appears a reason as specified in the first paragraph of Article 6 of this Act.
Article 19
(Proposal for prohibition)
If in the estimation of the competent police station the registered gathering or event is being organized for a purpose specified in the first paragraph of Article 6, or that there exist reasons specified in the second and third paragraph of Article 6 of this Act, it shall immediately propose that the competent body prohibit the gathering or event and notify the organizer of such.
Article 20
(Prohibition)
The competent body shall prohibit a gathering or event when circumstances indicate that it is organized for a purpose determined in the first paragraph of Article 6 or in the cases specified in the second and third paragraphs of Article 6 of this Act.
If it is necessary to prohibit a gathering because it would disturb the public order or threaten public traffic because the time and place determined for the gathering are not appropriate, the competent body shall, prior to issuing a decision, summon the organizer to determine some other time or place for the gathering. If the organizer determines some other appropriate time or place for the gathering, the competent body shall stay the procedure for prohibiting the gathering and issue a permit.
Article 21
(Time periods for a decision)
The competent body must serve the organizer the decision on the prohibition of the gathering or event without delay, and at the latest two days prior to the day of the gathering or event.
The provision specified in the previous paragraph does not apply if the organizer registered the gathering or event later than five days before the day of the gathering or event. In the event of such, the competent body must serve the decision on the prohibition prior to the beginning of the gathering or event, or it can within the same term also issue an oral decision. In the event the organizer requests such, the competent body must issue a written decision at the latest within a term of three days from the day the request was submitted. The organizer can submit the request within a period of 24 hours from the issuance of the oral decision.
If the competent body does not serve the organizer or orally pronounce the decision from the first paragraph of this Article within the prescribed period, the gathering or event shall be considered to be permitted.
An appeal against a decision is allowed within three days of the serving of the decision. The appeal shall not stay the execution of the decision.
The ministry responsible for home affairs shall decide on an appeal against a decision within three days of the actual receipt of the appeal. Non-work days of the ministry are not included in this period.
If the appellate body annuls the decision subsequent to the time determined for the execution of the gathering or event, the organizer can notify the competent police station or competent body within a term of three days subsequent to the actual receipt of the decision of the change in the time of the gathering or event. If they do such, the gathering or event can be held.
III. Ensuring the Public Order at a Gathering or Event
Article 22
(Responsibility of the leader)
For the proper running and orderliness of a gathering or event there shall be a responsible leader.
The leader shall ensure that the gathering or event is carried out in accordance with the announced programme and that all the measures specified in the application or in the issued permit are executed.
The leader is obliged to cooperate with the police and to take into consideration eventual measures proposed by the police for securing the public order at the gathering or event.
The leader has the right to disperse or conclude the gathering or event and also the right to decide that the dispersed gathering or event continue if public order is restored. The leader has the right to expel participants who disturb the public order. The pronouncement of measures must be in the Slovene language, whereas in areas where national communities reside, also in the language of such national community.
The expelled person must immediately remove themselves.
Article 23
(Prohibited behavior)
It is prohibited to disturb or obstruct the course of a gathering or event .
No one can participate in a gathering or event which is prohibited.
Participants are not allowed to bring weapons, explosive materials, pyrotechnic products or dangerous objects or substances to a gathering or event or to disturb the public order at a gathering or event .
Article 24
(Security guard)
A citizen of the Republic of Slovenia who is at least 18 years old and has the appropriate psychophysical capabilities for executing the tasks of a security guard in accordance with the character of the gathering or event, can be a security guard.
A security guard must be clearly marked with a special vest or band or somehow differently on their clothes with the designation "security guard".
A security guard must not be armed or use other instruments of force.
Article 25
(Tasks of a security guard)
A security guard principally:
- maintains order at a gathering or event;
- prevents access to persons who would like to bring objects or substances to a gathering or event specified in the third paragraph of Article 23 of this Act;
- prevents access to persons who are visibly under the influence of alcohol and whom could be expected to cause public disorder in such state.
Within the framework of carrying out of his tasks, a security guard directs, informs and cautions participants, forbids specific actions, and denies access to event grounds using a physical or mechanical obstacle. If the carrying out of the task of the second indent of the previous paragraph of this Article requires it, the security guard may perform a superficial search of a participant's personal effects at an entry point, provided the participant agrees to this.
If security service at a gathering or an event is supplied by an entity conducting the activity of security provision at public gatherings, security guards may apply other measures provided by the law regulating personal security, if these measures are necessary for the maintenance of public order and are not prohibited by this Act.
A security guard must notify the head of security of any interventions and measures, and the latter must then notify the leader.
The organizer is liable to inform participants, using signs at entry points or other conspicuous places, or graphic or written warnings on the tickets, of any such measures, including superficial personal effect searches, and other measures necessary for the maintenance of public order specified in the third paragraph of this Article (such as identifying participants, superficial examination of top garments or car interiors at entry points, entry prevention in case a participants refuses to provide identification or be searched, and the use of video surveillance).
Article 26
(Request for police assistance)
In the event a security guard is not able to ensure order at a gathering or event and a greater number of persons participates in the violation or when public order is jeopardized, the leader must request assistance from the police.
Article 27
(Rispersion of the gathering or event)
The leader must immediately discontinue the gathering or event if it leads to the commission of criminal acts or to a call for criminal actions at the gathering or event or if such results in violence or general disorder which the security service is not able to suppress and public order is seriously disrupted or the safety of people, property or public traffic is threatened.
In the instances specified in the previous paragraph the leader must immediately notify the police.
IV. Competencies of the Police at Gatherings or Events
Article 28
(Duties of the police)
If a gathering or event is organized in accordance with the provisions of this Act, the police are obliged to ensure that the gathering or event will not be disturbed or obstructed.
The police shall occasionally supervise the course of gatherings or events.
Article 28 a
Public order at state celebrations of the second paragraph of Article 5 of this Act is maintained by the police.
Article 29
(Maintenance of public order)
In accordance with their official duties, the police shall maintain the public order at processions, demonstrations, large international sporting events and unorganized gatherings.
Article 30
(Police assistance)
When as regards the nature of the gathering or event or as regards the circumstances in which the gathering or event is held, the circumstances indicate that there could occur a need for the actions determined in Article 26 or 27 of this Act and there exists a possibility that police measures will be necessary, the police, in agreement with the organizer, shall determine the number of police officers necessary for assisting in the maintenance of the public order at the gathering or event. In the event of such, the ranking police officer shall come to an agreement with the leader on the method of cooperation.
In the instances specified in the previous paragraph, the organizer of the gathering or event is obliged to cooperate with the police also regarding the planning of measures for the maintenance of order at the gathering or event.
Article 31
(Unregistered gatherings or events and gatherings or events organized without a permit)
If the organizer did not register the gathering or event or did not obtain a permit for it even though a permit is necessary, the police shall determine the necessary number of policemen to monitor the course of the gathering or event.
The leader is obliged to consider the instructions and measures of the police for the maintenance of the public order.
Article 32
(Unorganized gatherings)
If the police ascertain on site that an unorganized gathering is being held, they shall warn the participants that the gathering has not been organized according to the provisions of this Act and that they are obliged to observe the instructions and measures of the police.
In the event that a gathering results in actions due to which it is necessary to disperse the gathering, the police shall disperse it.
Article 33
(Dispersion of a gathering or event)
If a gathering or event has been prohibited by the decision of a competent body, the police shall require that the leader announce that the participants should peacefully disperse.
The police shall require the leader to disperse the gathering or event also if such leads to:
- the realization of intentions which in accordance with the first paragraph of the Article 6 are prohibited or interfere with the safety of buildings as specified in the second paragraph of Article 6 of this Act;
- the actions specified in the first paragraph of Article 27 of this Act and also if the police can not establish public order with their measures or prevent the jeopardizing of the safety of people, property or public traffic safety;
- an essential deviation from the determined programme or place, time or duration of the gathering or event and which therefore disturbs the public order.
If the organizer has not registered the event or has not obtained the permit for such as specified in Article 13 or the second paragraph of Article 14 of this Act, when a permit is necessary, the police shall require the leader to disperse the event as well as in the event it disturbs people in natural or residential environments or obstructs public traffic.
If the leader does not respect what the police have required, the gathering or event shall be dispersed by the police.
Article 34
(Obligation to leave the place of an event)
Participants in a gathering or event or unorganized gathering which has been dispersed, must leave peacefully.
If the participants do not leave, the police shall disperse them.
Article 34
(Police expenses)
When, in the instances determined in Articles 30 and 31 of this Act, the cooperation of the police is necessary at an event, the organizer is obliged to return all expenses which arise in connection with such.
V. Supervision of the Execution of the Act
Article 36
(Supervision)
The supervision of the execution of this Act shall be performed by the police, as well as by the competent body as regards the execution of the measures determined in the second paragraph of Article 16 of this Act. Inspectors competent for the protection of the environment or inspectors competent for sport shall execute supervision over the execution of the regulations issued, on the basis of Article 9 of this Act, by the Government of the Republic of Slovenia. The supervision of the execution of specific provisions shall be performed by the police, if thus specified by the regulations.
The organizer is obliged to enable public officers of the competent body access to gatherings or events.
VI. Penal Provisions
Article 37
A fine of 150,000 to 300,000 tolars shall be imposed for violations on the following entities:
1. an organizer who holds a gathering or event with the intention to execute actions which are prohibited by this Act (first paragraph of Article 6);
2. an organizer who realizes a gathering or event which is prohibited by the decision of a competent body (Article 20);
3. the director of a gathering or event who does not disperse the gathering or event when so required by the police (Article 33).
For violations specified in the first paragraph of this Article the organizing legal entity shall be punished with a fine of 1,000,000 to 5,000,000 tolars, while the responsible person of the state authority, local self-governing unit or other legal entity shall be punished with a fine of 100,000 to 500,000 tolars.
If the violations of the first paragraph of this Article were committed by an individual independently conducting the activity, such shall be punished with a fine of 500,000 to 2,500,000 tolars.
The violation of the first point of the first paragraph of this Article shall be ruled upon by the competent court in regular court proceedings.
Article 38
A fine of 50,000 to 200,000 tolars shall be imposed for violations on the following entities:
1. an organizer who holds a gathering or event in contradiction to the provision of the second paragraph of Article 6 of this Act;
2. an organizer who does not appoint a leader or security service or appoints as leader a person younger than 18 years of age or someone who does not have the appropriate psychophysical capabilities to execute the tasks of leader (Article 10);
3. an organizer who does not ensure the measures determined in the second and third paragraphs of Article 12 of this Act;
4. an organizer who holds a gathering or event without previously registering it (Article 11) or without obtaining a permit (Article 13);
5. an organizer who does not ensure the measures specified in the registration or which were determined in by permit (the fifth indent of the first paragraph of the Article 14 and the second paragraph of the Article 16);
6. a leader who holds a gathering or event in contradiction to the announced programme of the gathering or event, or who does not ensure that all measures listed in the registration or in the issued permit or measures proposed by the police are executed (the second and third paragraphs of the Article 22);
7. a person who disturbs a gathering or disturbs or obstructs an event (first paragraph of Article 23);
8. an organizer who uses as security guards persons who do not fulfil the conditions laid out by the provisions of this Act, are armed or use other means of force (the first and third paragraphs of Article 24), or who fails to notify participants on the measures taken as specified in the fifth paragraph of Article 25;
9. a leader who in instances regarding Article 26 of this Act does not apply for police assistance;
10. a leader who does not disperse a gathering or event in instances regarding Article 27 of this Act or who does not notify the police of the dispersion.
For the violations specified in the first paragraph of this Article, an organizing legal entity shall be punished with a fine of 100,000 to 1,000,000 tolars, while the responsible person of a state authority, local self-governing unit or other legal entity shall be fined in the amount of 50,000 to 100,000 tolars.
If the violations of the first paragraph of this Article were committed by an individual independently conducting the activity, such shall be punished with a fine of 100,000 to 500,000 tolars.
Article 39
A fine of 25,000 to 50,000 tolars shall be imposed for violations on the following entities:
1. an organizer who misses the deadline specified in the first paragraph of the Article 11 of this Act, or who does not submit the registration of the gathering or event in accordance with the provision of Article 14 of this Act;
2. an organizer who fails to ensure the announcement of measures in Slovene language, or in the languages of Hungarian or Italian minorities (fourth paragraph of Article 22);
3. an organizer who uses as security guard someone who is not designated as required in accordance with rules (second paragraph of Article 24);
4. a person who calls on participants of a gathering or event which has dispersed, not to break up (first paragraph of the Article 34);
For the violations specified in the 1st, 2nd and 3rd points of the first paragraph of this Article, an organizing legal entity or individual private entrepreneur shall be punished with a fine of 100,000 to 150,000 tolars, while the responsible person of the state authority, local self-governing unit of other legal entity shall be punished with a fine of 25,000 tolars.
Article 40
A fine of 25,000 tolars shall be imposed for violations on the following entities:
1. a person who participates in a gathering or event who knows that such is prohibited (second paragraph of Article 23);
2. a person who has objects or substances at the gathering or event which are not allowed to be brought to the gathering or event, or who by force or the threat of force resisted the leader or security guard when such was executing measures prescribed by this Act, or a participant in a gathering or event who disturbs the public order despite the warnings of the leader or security guard (third paragraph of Article 23);
3. a person who does not leave the event venue despite being so required by the leader or police (fifth paragraph of Article 22 and the first paragraph of Article 34).
A police officer may confiscate on the spot of offence the objects specified in the second point of the first paragraph of this Article.
The Act on Public Assembly – ZJZ (Official Gazette of the Republic of Slovenia, no. 59/02) contains the following transitional and final provisions:
VII. Transitional and Final Provisions
Article 41
(Harmonization of operations)
Commercial companies and sole traders who in the framework of the execution of their registered activity in their place of business organize entertainment events, must harmonize the safety of such events in accordance with the provision of the third paragraph of Article 12 of this Act within a term of six months from the coming into force of this Act.
Article 42
(Application of some provisions)
On the day when the Republic of Slovenia joins the European Union as a full member, the provision of Article 3 of this Act shall cease to apply for the citizens and legal entities of European Union members, and for the citizens of the member states, also the provision specified in the first paragraph of Article 24 of this Act in the part which refers to the condition of citizenship of the Republic of Slovenia.
Article 43
(Executive regulations)
The Government of the Republic of Slovenia shall issue regulations as specified in Article 9 of this Act within one month after the coming into force of this Act.
The minister responsible for administration shall in the term specified in the previous paragraph prescribe the application form or application for the permit specified in the first paragraph of Article 14 of this Act, the method of registering a gathering or event and the authorization form of the official of the competent body specified in the first paragraph of Article 36 of this Act.
Article 44
(Competencies of local communities)
A local community can with its regulations determine areas where the spontaneous street performances specified in the 6th point of Article 5 of this Act are allowed and the time in which such can be executed and the admissibility and the manner of using sound amplification equipment.
Article 45
(Annulment)
On the day this Act comes into force, the Act on Public Gatherings and Public Events shall cease to be valid (Official Gazette SRS, Nos. 20/73, 42/86, 5/90 – ZP and 8/90 –ZSDZ and Official Gazette RS Nos. 10/91 – ZP, 17/91 – I – ZUDE, 4/92 – ZNZ, 13/93 – ZP, 66/93 – ZP and 29/95 – ZPDF), the first, third and fourth paragraphs of Article 12 and Article 13 of the Act on the Legal Status of Religious Communities in the Socialist Republic of Slovenia (Official Gazette SRS Nos. 15/76, 42/86 and 5/90 and Official Gazette RS Nos. 10/91 – ZP, 22/91, 17/91 – I – ZUDE, 13/93 – ZP, 66/93 – ZP and 29/95 – ZPDF) and Article 18 of the Regulation on Noise in Natural and Living Environments (Official Gazette RS Nos. 45/95 and 66/96).
For registrations and applications for the issuance of a permit for a gathering or event or for the use of sound amplification and other equipment which produces noise at a gathering or event submitted prior to the coming into force of this Act, the provisions of the Act on Public Gatherings and Public Events or Article 18 of the Regulation on Noise in Natural and Living Environment shall apply.
For applications for the issuance of a permit for a religious ceremony outside of the places determined for the performance of religious ceremonies submitted prior to the coming into force of this Act, the provisions of the Act on the Legal Status of Religious Communities in the Socialist Republic of Slovenia shall apply.
Article 46
(Coming into Force of the Act)
This Act shall come into force six months after its publication in the Official Gazette of the Republic of Slovenia.
The Act Amending the Act on Public Assembly ZJZ-A (Official Gazette of the Republic of Slovenia, no. 60/05) contains the following transitional and final provisions:
Article 15
On the day of coming into force of this Act, the first point of Article 21 of the Act on Legal Status of Religious Communities in the Socialist Republic of Slovenia (Official Gazette of the Socialist Republic of Slovenia, nos. 15/76, 42/86 and 5/90, and Official Gazette of the Republic of Slovenia, nos. 10/91 – ZP (Misdemeanors Act), 22/91, 17/91-I- ZUDE (Monetary Unit of the Republic of Slovenia Act), 13/93-ZP, 66/93 –ZP and 29/95 – ZPDF (Act on the taking over of State Functions) shall go out of force.
Article 16
The Government of the Republic of Slovenia shall bring in line the provision laid out in the second paragraph of Article 9 of the Act with the provisions of this Act within three months of its coming into force.
The minister responsible for home affairs shall bring in line the provision laid out in the second paragraph of Article 43 of the Act with the provisions of this Act within three months of its coming into force.
Article 17
This Act shall come into force on the fifteenth day of its publication in the Official Gazette of the Republic of Slovenia.
The Act Amending the Act on Public Assembly ZJZ-B (Official Gazette of the Republic of Slovenia, no. 90/05) contains the following final provision:
Article 3
This Act shall come into force on the fifteenth day of its publication in the Official Gazette of the Republic of Slovenia.