No, I'm not saying something is not fascist only because it is backed up by constitutional or legal texts. I'm saying people (not you personally) cannot claim to be democratic while simply ignoring democratically voted laws by the people they chose to represent them. If you have something against a democratic constitution or a certain law, go through the government, change it, vote, even organizes gathering or whatever you want to do in that manner, but illegally working against a democratically elected law is not a democracy.
Of course that's the way to go but a couple things here:
1. Just because something was democratically elected doesn't mean it's not fascist, specially when the needs change and that law comes off as more restrictive towards people who were not taken into account back then.
2. The problem of many legal texts is that they are ages old and they must be understood as part of a specific context. Respecting democracy would ideally lead to understand that a democracy has to be inherently dynamic and bound to change its standards to adapt itself to current society. Instead, there seems to be a trend among governors to be conservative and avoid as much change as possible. You can't treat this as a one-sided issue.
Also, "ignoring" laws is a way to protest them and visibilize an issue that otherwise would not permeate to the rulers, which really doesn't become that much of a problem as long as it is performed in a civil and non-violent way. Civil disobedience has managed to put the focus on a lot of issues.
For example you cannot call homosexuality an illness, if you do you might be brought in front of a judge and go to prison. In most of the countries carrying flags and badges in supports of slavery are against the law as well.
If you mean that, that's specific of each country, not of Europe as a whole, and each have their standards on what stands as freedom of expression and what not.
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