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Dissolution by legislative measures (Dissolution and suspension of organizations)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:1106 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320061106 Dissolution by legislative measures 690. Dissolution by the executive branch of the government pursuant to a law conferring full powers, or acting in the exercise of legislative functions, like dissolution by virtue of administrative powers, does not ensure the right of defence which normal judicial procedure alone can guarantee and which the Committee considers essential. (See the 1996 Digest, para. 675; and 302nd Report, Case No. 1849, para. 209.) 691. Noting that under a legal provision, the registration of existing trade unions was cancelled, the Committee considered that it is essential that any dissolution of workers’ or employers’ organizations should be carried out by the judicial authorities, which alone can guarantee the rights of defence. This principle, the Committee has pointed out, is equally applicable when such measures of dissolution are taken even during an emergency situation.(See the 1996 Digest, para. 676.) |
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