Since 2021, the law allows the dissolution of an association or de facto group that provokes violent acts against people or property (1). Requested by four dissolved organizations, the Council of State today specifies the instructions for using these provisions. Dissolution is justified on this basis if an organization incites, explicitly or implicitly, violent actions likely to seriously disturb public order. Publicly legitimizing actions of particular gravity or not moderating explicit incitements to commit acts of violence on social networks may constitute such provocation. Furthermore, it is also possible to dissolve an association or group which causes or contributes to discrimination, hatred or violence against people due in particular to their origins or their identity (2). After assessing the degree of seriousness of the provocations accused of these four organizations, the Council of State annuls the dissolution of the Uprisings of the Earth but confirms those of the Lyon and Environs Antifascist Group (known as “the GALE”), the Alvarium and of the Coordination against Racism and Islamophobia (CRI).
Between 2021 and 2023, the Government declared the dissolution of several associations and groups including Les Soulèvements de la Terre, the Antifascist Group Lyon and Environs (known as “la GALE”), Alvarium and the Coordination against Racism and Islamophobia . Each of these organizations requested the Council of State to annul its dissolution.
Criteria to specify what constitutes provocation of violent acts against people and property
The Council of State recalls that a dissolution measure seriously undermines freedom of association, a fundamental principle recognized by the laws of the Republic. It can therefore only be implemented to avoid serious disturbances to public order.
The Council of State today specifies the criteria for determining whether a dissolution can be justified by the provisions of 1° of article L. 212-1 of the internal security code, which allows the dissolution of an organization which causes violent acts against people or property. It thus judges that dissolution is only justified when an association or group incites people to engage in violent acts against people or property (explicitly or implicitly, by words or actions) , publicly legitimizes actions of particular gravity or refrains from moderating explicit incitements to commit acts of violence published in particular on its social networks.
Three justified dissolutions
The Council of State judges that the dissolutions of the Lyon and Environs Antifascist Group, the Alvarium and the Coordination against Racism and Islamophobia are adapted, necessary and proportionate to the seriousness of the disturbances likely to be brought to the public order.
The Lyon and Surroundings Antifascist Group published images of violence against police officers, accompanied by hateful and insulting texts, or even messages approving and justifying serious violence against far-right activists, leading to calls for violence that the group did not attempt to moderate. The Council of State considers that its dissolution, based on 1° of article L. 212-1, was not illegal.
Alvarium, which maintains links with small groups calling for discrimination, has published messages justifying discrimination and hatred towards foreign people or French people of immigrant background by their assimilation to delinquents or criminals, to Islamists or terrorists. The Council of State considers that its dissolution, as it was based on 6° of article L. 212-1, was not illegal.
The Coordination against Racism and Islamophobia has published remarks tending to impose the idea that public authorities, or even numerous political parties and media, are systematically hostile to Muslims and would use anti-Semitism to harm them. These publications gave rise to numerous hateful, anti-Semitic and insulting comments without the association attempting to contradict or erase them. The Council of State considers that its dissolution, as it was based on 6° of article L. 212-1, was not illegal.
Provocation of violence against property which does not justify dissolution
The Council of State considers that no provocation of violence against people can be attributed to the Earth Uprisings. The relay, with a certain complacency, of images of clashes between demonstrators and the police, in particular against the construction of water reservoirs in Sainte-Soline, does not constitute a claim, a valorization or a justification of such actions.
On the other hand, he judges that the Earth Uprisings did indeed engage in provocations of violent acts against property, which fall within the scope of 1° of article L. 212-1 of the security code interior. However, he considers that the dissolution of the Earth Uprisings did not constitute a measure adapted, necessary and proportionate to the seriousness of the disturbances likely to be caused to public order in view of the real effects that their provocations may have had. violence against property, on the date on which the contested decree was issued.
For these reasons, the Council of State annuls the decree dissolving the Uprisings of the Earth and rejects the requests of the GALE, the Alvarium and the CRI.
Read the decisions:
– The Uprisings of the Earth
– Antifascist Group Lyon and Surrounding Areas
– Alvarium
– Coordination against racism and Islamophobia
Download the press release
(1) 1° of article L. 212-1 of the internal security code
(2) 6° of article L. 212-1 of the internal security code