Questão jurídica principal
Whether Art. 5(4) and (5) LMDPu, requiring an order service and allowing refusal if conditions cannot secure public order, violates freedom of assembly and expression.
Decisão extraída
The provisions can be interpreted consistently with the Constitution because the order service is only a liaison and surveillance function, remains subordinate to the police, and is imposed case by case according to concrete risk.
Fundamentação extraída
The State retains primary responsibility for public order; the norm does not transfer coercive police powers to organizers, and its relative indeterminacy is justified by the need for proportionate, situation-specific measures.