Requirement of previous authorization

(See also para. 377)

272. The principle of freedom of association would often remain a dead letter if workers and employers were required to obtain any kind of previous authorization to enable them to establish an organization. Such authorization could concern the formation of the trade union organization itself, the need to obtain discretionary approval of the constitution or rules of the organization, or, again, authorization for taking steps prior to the establishment of the organization. This does not mean that the founders of an organization are freed from the duty of observing formalities concerning publicity or other similar formalities which may be prescribed by law. However, such requirements must not be such as to be equivalent in practice to previous authorization, or as to constitute such an obstacle to the establishment of an organization that they amount in practice to outright prohibition. Even in cases where registration is optional but where such registration confers on the organization the basic rights enabling it to “further and defend the interests of its members”, the fact that the authority competent to effect registration has discretionary power to refuse this formality is not very different from cases in which previous authorization is required.

(See the 1996 Digest, paras. 207 and 244; and, for example, 308th Report, Case No. 1894, para. 536; 313th Report, Case No. 1987, para. 111; 318th Report, Case No. 2038, para. 530; 324th Report, Case No. 2090, para. 200, and Case No. 2053, para. 231; 329th Report, Case No. 2140, para. 295, and Case No. 2133, para. 545; 332nd Report, Case No. 2225, para. 377; 333rd Report, Case No. 2268, para. 733; and 334th Report, Case No. 2282, para. 638.)

(See the 1996 Digest, para. 245; and 332nd Report, Case No. 2225, para. 380.)

(See the 1996 Digest, para. 246; and 308th Report, Case No. 1894, para. 537.)