Faculty Scholarship Digest
David A. Goldberger
David Goldberger (w/Neil Jarman), Note on the Law on Demonstrations of the Republic of Albania, OSCE/OHDIR (2011).
David serves as an expert for the Office of Democratic Institutions and Human Rights (OHDIR), and this piece is a report on rights of assembly in Albania, written to assist the OHDIR in its observation of 2011 Albanian elections. In general, the article approves of Albanian law on the subject, noting its recognition of the importance of freedom of assembly to political freedom and its provision of generally broad protections, as well as that for the most part Albanian law reflects the language of the relevant provision of the European Convention on Human Rights. David does criticize a requirement of “[that] a notice shall specifically identify all speakers.”
Organization for Security and Co-Operation in Europe Office for Democratic Institutions and Human Rights Panel of Experts on the Freedom of Assembly (including David Goldberger and nine others), GUIDELINES ON FREEDOM OF PEACEFUL ASSEMBLY (2d ed. 2010).
This treatise is designed to assist lawmakers in ensuring that laws regarding freedom of assembly comport with European and international standards and commitments, while also helping those charged with implementing such laws and, ultimately, those affected by the implementation. The Guidelines, first published in 2007, provide a “toolkit” of examples of good practices, description of relevant case law, and parameters and key principles within which different jurisdictions may follow diverse approaches. Basic principles, legitimate restrictions, and procedural and implementation issues are all covered in detail.