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Freedom of Association Case

France Constitutional Council
CC Decision No. 71-44 DC of 16 July 1971 (1971)

Written by Mary Katherine Cunningham, JD

Facts

The French government of Charles de Gaulle prevented a left-wing group from forming an association as permitted under the existing French law. The government cited certain laws to justify its decision, namely the Order of 7 November 1958, the Act of 1 July 1960 on contracts allowing for association, and the Law of 10 January 1936 concerning combat groups and private militia. The government’s decision to forbid the left-wing group from forming an association led to the passage of a law submitted to the parliament on April 2, 1971. This law submitted on April 2, 1971, established a procedure to establish the legality of certain associations before granting any group recognition offered under the protection of the Act of 1 July 1960. Prior to the enactment of the law, the constitutional council considered the constitutionality of Article 3 of the law in particular.

Rule of Law

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Issue

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Holding and Reasoning (Per curiam)

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