Act of the Republic of Poland on the Protection of sites of the former Nazi extermination camps (1999) (excerpts related to Freedom of Peaceful Assembly) (English)
Act
on the protection of sites of the former Nazi extermination camps
Chapter 1. Provisions
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Art. 7.
1. The holding of an assembly on the site of a Monument of Extermination or within its protection zone requires the consent of the Voivode, which is issued as a decision.
2. The application for the consent referred to in point 1 above shall be filed no later than 30 days before the planned date of the assembly. An application filed later shall not be examined. The voivode ruling not to examine shall be issued as a decision.
3. The application referred to in point 2 above should contain the following data:
1) identification of the organiser of the assembly and address of the organiser’s office;
2) the purpose and agenda of the assembly, as well as the language in which its participants will communicate;
3) the place and date, starting hour, planned duration, expected number of participants and planned itinerary, if the agenda provides for a change of location during the assembly;
4) a description of the measures the organiser plans to employ towards securing a peaceful course of the assembly, and of measures, which the organiser requests from the voivode.
4. The voivode shall refuse the consent referred to in point 1 above if:
1) the purpose or fact of holding of that assembly is against this Act or of the Act of 5 July 1990 – Law on Assemblies (Journal of Laws [JoL] No. 51, item 297), or violates the provisions of penal law
2) the holding of that assembly may pose a threat to the life or health of individuals or to property of considerable value
3) the purpose or fact of the holding of that assembly may disturb the dignity or nature of the Monument of Extermination
5. The decision refusing consent to the holding of an assembly should be delivered to the organiser within 14 days of the date of receipt of the application referred to in point 2 above.
6. The voivode may delegate representatives to attend the assembly.
7. When so requested by the organiser, the voivode shall, to the extent required, secure police protection under provisions of the Act of 6 April 1990 on the Police (JoL No. 30, item 179, of 1991 No. 94, item 422 and No. 107, item 461, of 1992 No. 54, item 254, of 1994 No. 53, item 214, of 1995 No. 4, item 17, No. 34, item 163 and No. 104, item 515, of 1996 No. 59, item 269 and No. 106, item 496, of 1997 No. 28, item 153, No. 80, item 499, No. 88, item 554, No. 106, item 680, No. 123, item 779 and No. 141, item 943 and of 1998 r. No. 106, item 668), to see to a proper progress of the assembly.
8. Upon arriving at the site of the assembly, the delegated representative of the voivode shall be obliged to produce his/her authorisation to the leader of the assembly.
9. An assembly may be disbanded by the representative of the voivode if the progress of that assembly poses a threat to the life or health of individuals or to property of considerable value, disturbs the dignity or nature of the Monument of Extermination, or violates the provisions of this Act, the Act – Law on Assemblies, or of penal law, and the leader refuses to disband the assembly even though he/she has been warned that this step is necessary.
10. The disbandment of an assembly under point 9 above shall be effected by an oral decision preceded by three consecutive addresses to the participants, warning about the possibility of disbandment, and then communicated to the leader of the assembly; the decision is immediately enforceable. The decision in writing shall be delivered to the organiser within 24 hours of the moment of its taking.
11. The organiser and any participant of the assembly may appeal against the decision disbanding that assembly within 3 days of the date of such disbandment.
12. Within a range that is not regulated by this Act, the holding of an assembly on the site of a Monument of Extermination or within its protection zone shall be governed by provisions of the Act – Law on Assemblies, with the exception of its Art. 4.
13. The provisions of points 1-12 above do not apply to assemblies held within the activities of churches and religious unions with the purpose of public practising of religious cult, and organised in churches, temples, chapels, church buildings, and on church-owned land.
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Art. 17.
The voivode’s competence ratione loci shall be identified by the location of the Monument of Extermination and its protection zone. If the Monument and/or the zone spread over the territory of two or more voivodeships, the voivode competent ratione loci shall be appointed, by way of an order, by the Minister competent in matters of public administration.
Art. 18.
1. An authority that has instituted administrative proceedings the effects of which may affect a Monument of Extermination or its protection zone shall immediately notify the Minister competent in matters of public administration of the institution of such proceedings.
2. In the proceedings referred to in point 1 above, the Minister competent in matters of public administration shall enjoy the rights of party to administrative proceedings and to proceedings before the [Supreme Administrative Court] administrative court, if he formally joins such proceedings within 7 days of the date of delivery of the notification on institution of administrative proceedings.
3. The provision of point 2 above does not apply to administrative proceedings in which the Minister competent in matters of public administration is the competent authority in the first or second instance.
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