Search

Since the adoption of the Spanish Constitution, the right of assembly has been freely exercised thanks to its broad legal recognition and the Constitutional Court and the European Court of Human Rights respectful case-law on this matter. However, the COVID-19 pandemic, in Spain and other countries around us, has been an important resistance test since it demands to balance the exercise of this right and the protection of the right to health and personal integrity. These rights could be undermined if the exercise of the right of assembly, which is by its own nature collective, is not accompanied by some measures that guarantee other competing rights. In the following pages it will be studied the legal and jurisprudential responses that have been given on this regard the last year, trying to explain the one we consider to be the best doctrine. [ABSTRACT FROM AUTHOR]