Area: Javna uprava
Competent authority: MNZ
EZU URL: .nan
Initiative ID: 748
Initiative accepted and completed: .nan
Initiative classified in EZU: .nan
Initiative forwarded in response: '2016-06-06'
Initiative published: '2016-06-06'
Initiative submitted: '2016-05-24'
Response from the competent authority: "Home Office response:We have received your\
  \ proposal to amend the conditions for obtaining consent for a public event on a\
  \ lake, as the organiser of such an event must provide security, emergency medical\
  \ assistance, landowners' consent and divers (the cost of organising such an event\
  \ is around \u20AC1000), whereas for the same event at sea, registration with the\
  \ Slovenian Maritime Administration is sufficient (cost of \u20AC20), given that\
  \ an average of 25 crews take part in a regatta on a lake, compared to over 100\
  \ in a regatta at sea. You have further stated that the Maritime Administration\
  \ of the Republic of Slovenia issues the event consent within 1-2 days, whereas\
  \ an application has to be submitted to the administrative unit at least one month\
  \ in advance. The Law on Public Gatherings, which as a general regulation governs\
  \ the constitutional right to assemble or to organise public events, obliges the\
  \ organiser to organise the event in such a way that:- order is ensured, - the life\
  \ and health of the participants or other persons and the safety of property are\
  \ not endangered, - public traffic is not endangered, - the environment is not unduly\
  \ burdened, - appropriate order is ensured by a policing service, depending on the\
  \ nature of the event and the number of participants, in order to ensure order at\
  \ the event venue. In the permit procedure, the organiser must demonstrate that\
  \ it has made sufficient provision to show that it has taken all of the above measures.\
  \ In this respect, we would point out that the measures to be taken by the organiser\
  \ of a public event are laid down in specific regulations, namely the Drowning Prevention\
  \ Act, the Emergency Medical Services Regulations, the Fire Prevention Act and many\
  \ others. For example, the following must be in place The organiser of an event\
  \ is obliged to provide adequate healthcare for participants and other persons at\
  \ the event on the basis of the Emergency Medical Services Regulations, where the\
  \ scope of healthcare is determined according to the number of participants, the\
  \ health risk (age of participants) and the risk of events (types of activities\
  \ at the event), and on the basis of the Drowning Protection Act the organiser of\
  \ the event is obliged to provide adequate healthcare for participants and other\
  \ persons at the event on the basis of the Drowning Prevention Act, in and near\
  \ water, and must obtain a permit from the administrative unit, or the Maritime\
  \ Administration of the Republic of Slovenia if the event is held at sea, and in\
  \ the permit procedure (regardless of who issues the permit) must demonstrate that\
  \ it has provided for the necessary measures to protect against drowning, in particular\
  \ a sufficient number of lifeguards or persons trained in lifesaving from water,\
  \ and the prescribed lifesaving equipment and means for lifesaving from water. On\
  \ the basis of the above, the organiser of an event at sea is therefore obliged\
  \ to ensure the same measures for the safety of the participants as the organiser\
  \ of an event on a lake or on inland waters, notwithstanding the fact that the Maritime\
  \ Administration of the Republic of Slovenia, and not the administrative unit in\
  \ whose territory the event is to be held, is responsible for issuing permits for\
  \ water events at sea and in inland waters under the Maritime Code, and the proposal\
  \ to amend the Law on public gatherings cannot therefore be followed. As regards\
  \ the time limits, we would like to further clarify that, precisely due to the fact\
  \ that this is an exercise of the constitutional right to assembly, the Law on Public\
  \ Assemblies prescribes the minimum time limits within which the administrative\
  \ procedure for the issuance of a permit for the organisation of a public event\
  \ can still be carried out (e.g. to invite the organiser to complete the application,\
  \ to convene an oral hearing, and to issue the permit), i.e. the organiser has to\
  \ submit the application at least 10 days prior to the day of the event, only for\
  \ sport-speed events the application has to be submitted at least 30 days prior\
  \ to the day of the event. The decision to ban the event must be served on the organiser\
  \ by the administrative unit at least 2 days before the day of the event, otherwise\
  \ the event is deemed to be authorised. As the event permit is usually not yet final\
  \ at the time of the event, precisely because of the short time limits within which\
  \ the procedure is carried out, the law expressly provides that an appeal against\
  \ the permit does not suspend the execution of the permit. The Maritime Code does\
  \ not lay down any specific time limits for the granting of permits for the holding\
  \ of events at sea, and the time limits laid down in the regulation governing the\
  \ general administrative procedure therefore apply to the submission of the application\
  \ and the decision on the application."
Text file: 748.txt
Title: Notification of a public event
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=748
