Council of State Upholds Strict Legal Framework for Administrative Dissolution

Extract

[...] any aid given by the state to an association. In order to receive all that, you must sign this agreement and respect the secular character and principles of the republic. The text: - approved the content of the republican engagement contract (CER) annexed to the decree; - impose on each association or foundation benefiting from public support to do so subscribe and to do so to make known to its members ; - precise the conditions for withdrawal of the subsidy in case of default; - and establishes the responsibility of the association for the actions of its members, directors, employees or volunteers. [...]

[...] Thus, the Council of State operates a proportionality control in concreto, evaluating the measure against the real threat to civil peace. It does not limit itself to validating the dissolution on a purely formal level: it checks that the interference with the freedom of association is necessary and adapted to the objective of protecting public order. On the one hand, dissolution constitutes a serious interference, framed by the Constitution and the European Convention on Human Rights (art and 11 ECHR). [...]

[...] Read: On March a decree in the Council of Ministers pronounces the dissolution of the collective 'Palestine will win' on the basis of Articles L. 212-1, 6° and 7° of the Internal Security Code (read the on the grounds that the collective would have provoked discrimination, hatred or violence on the basis of belonging to a nation or religion, and would have engaged in acts aimed at provoking acts of terrorism. The decree is based in particular on certain messages disseminated on social networks. [...]

[...] On the other hand, the Council of State retains the responsibility of the collective on the basis of Article L. 212-1 CSI, 6th paragraph, relating to provocation to hatred or discrimination (consideration 9). The collective, in its own communications, did not make explicitly anti-Semitic remarks. However, its publications, which were very virulent against the State of Israel, regularly sparked hateful and anti-Semitic comments. Yet, the collective took no moderation measures to delete them. By refraining from acting, the collective contributed to the dissemination of discriminatory discourse. [...]

[...] The request of the Collectif Palestine Vaincra is therefore rejected. Problematic issue: To what extent does the Council of State manage to reconcile the protection of the freedom of association with the need to prevent serious attacks on public order, in the context of an administrative dissolution based on the fight against hate and terrorism? The reaffirmation of a strict legal framework for administrative dissolution Dissolution, an exceptional police measure governed by law The Council of State first recalls, in consideration that the administrative dissolution constitutes a serious infringement on the freedom of association, constitutional principle protected by the constitution1971, Freedom of Association). [...]