The first new government-opposition clash is over the anti-rave decree. Giorgia Meloni said she was “proud” of the rule that will allow Italy to no longer be “the black jersey in terms of safety”. Enrico Letta instead asked to withdraw the decree because “it calls into question the freedom of citizens to demonstrate”. For the Interior Ministry, however, the rule concerns only the new type of crime and “does not in any way affect the right of expression and freedom of expression enshrined in the Constitution”. If in Italy there is time to clarify the decree, which will be examined by Parliament, what do they do in other countries? In the rest of the world raves are mostly legal if they meet certain requirements. Fines and, in rare cases, arrests are foreseen for other types of crime related to them.
In Germany the general rules depend a lot on the individual Länder. A music party that is not private must be declared in advance to the local authorities. It must also have a manager, must follow safety and hygiene measures, must not disturb the public peace. And the local police can intervene if these rules are not respected.
In Berlin, the capital of techno music, many big raves are now legal. Spontaneous raves and so-called ‘open air’ raves are still very common and often tolerated. The Club-Commission, which represents the Berlin club scene, has long since started the ‘Free Open Air Initiative’ to discuss and develop both regulation and free expression of outdoor music events, with the identification of suitable spaces in collaboration with the city.
Raves must be declared to local authorities at least one month in advance in France. If the expected number of participants is less than 500, the mayor’s okay is enough, if it is higher, the prefect must be contacted. The mayor and prefect can prohibit or dissolve the rallies in progress that do not present security guarantees, the police can seize the amplification material or the means that transport it and subsequently confiscate it by decision of the judge. The use of public force is possible if the gathering has not been authorized or has been expressly forbidden. However, the latter extreme solution is only applied if the rave presents exceptional risks. Organizers of banned raves can face penalties of up to 6 months in prison and a fine of 4,500 euros, while the participants are not criminally liable. If the prefect has expressly forbidden to participate, a maximum of 38 euros may be incurred.
A rave is illegal when 20 or more people gather to listen to music “in a repetitive rhythm” at a volume so loud that it causes “severe inconvenience to the local people.” In 1990 in Great Britain theEntertainments (Increased Penalties) Act which provides fines of up to 20,000 pounds for hosting illegal raves or parties. But the fundamental law on the matter is the Criminal Justice and Public Order Act of 1994, which gave new powers of intervention to the police, such as to stop vehicles within a radius of 8 kilometers and remove them, in addition to the seizure of equipment. Furthermore, failure to leave after the police intervention is considered a crime.
In general, in Spain rules and sanctions depend on state, regional or local laws concerning, mainly, the regulation of events or recreational activities, the occupation of private property, the respect of sanitary measures, the consumption of substances and the protection of the environment. . Any irregularities in unauthorized raves are generally punishable with fines. Possession of drugs, traffic offenses, violation of health regulations and disobedience to the authorities are some of the crimes reported by the authorities in some recent episodes. In some cases there were about ten arrests, but not for reasons directly related to the organization or participation in illegal parties, but for crimes “against public health“, drug trafficking or “resistance to a public official”.
Belgium and Holland
In order to organize a legal rave you need permits that must be issued by the municipal authorities. The Dutch and Belgian police, in the absence of a univocal rule, seem to have a case-by-case approach: they intervene and sanction (or try to sanction) participants in illegal parties on the basis of any infringements committed, such as the use of drugs or the violation of private property. However, the goal is to prevent as parties are very difficult to stop once they have started and we try to negotiate with the organizers. The rules provide for the confiscation of audio systems and fines of various entities and according to the countries (and regions) both for those responsible for the parties and for those who take part in them.
In the United States, raves, which are very popular, are comparable to concerts and therefore are legal as long as they comply with a series of requirements: a “business license” (a commercial license), an authorization for the event by the competent city, a permit of the owner of the place where it is held, an insurance policy and forms for collecting tax on the tickets. The DJ must also have the appropriate rights to have the music heard. The rave borders on illegality when it is improvised with the unauthorized occupation of buildings, abusive electrical connections, the presence of drugs (except marijuana where permitted) and the volume that is too high: all circumstances that constitute single crimes prosecutable by the police forces. ‘order.