Protest in the form of blocking or obstructing traffic

Abstract

The subject of the article is an analysis of legal provisions, as well as proposed changes regarding the obstruction or blocking of road traffic, in the context of protests conducted in such a form, and an outline of possible solutions to this issue. The considerations focus on topics such as: presenting the problem in the context of protesters’ activities, the current legal response (art. 90 § 1 of the polish code of misdemeanors) and its evaluation in terms of the statutory elements of a prohibited act, the right to protest and the possibility of its limitation, international regulations related to the protection of protesters (ICCPR and ECHR), an assessment of the 2021 amendment to the polish code of misdemeanors with regard to art. 90, and an outline of possible solutions.