Requested by: Kosovo, Prime Minister

Recommended Measures:
־ The rather broad meaning of “gathering” has to be narrowly defined in a way that it would be possible to distinguish between those gatherings which fall within the scope of protection of the Constitution and the international standards on peaceful assemblies, and those other gatherings which due to their nature do not need to be under that privileged protection. Taking this as a basis, it is recommended to create a specific regime for peaceful public gatherings covered by the right to peaceful assemblies in the sense of Article 11 of the ECHR and Article 21 ICCPR; and another, different regime or regimes for ‘other gatherings’. ־ Several definitions in the draft law under consideration lack consistency and clarity and should be made clearer. In particular, the differentiation between “peaceful public gatherings” and “public gatherings” needs to be reviewed. The quality of being “peaceful” could be addressed in the provisions regulating restrictions to the exercise of the right to freedom of public gathering and not be used in defining public gatherings or describing situations or actions within the law. ־ The envisaged fines might have a deterring effect for organisers. They heavily burden the organisers, holding them personally liable for breaches of public order during assemblies and provide too broad grounds to restrict, prohibit and terminate peaceful protests. ־ Terms with undefined and broad meaning such as “real risks”, “considerable reasons”, “competent bodies” or “highest bodies” should be defined more clearly. The draft law must provide clear standards of proof for fact assessment, identifiable competent authorities, and clear description of procedures. ־ There should be clear and detailed regulation in the draft law regarding notification time-limits, competent decision-making bodies and adequate procedures for filing complaints. When referring to fast-track procedures, it should be clear what procedures are meant and how they function. Furthermore, if a decision is not reached within the time foreseen, the gathering has to be considered as permitted. Legal remedies proposed in the law must be in line with what is provided for in the judicial system of Kosovo. ־ More detailed regulation is required in relation to the retention of recordings of gatherings.