The Earth Uprisings: the Council of State cancels the dissolution of the environmentalist collective
On November 9, the Council of State surprised by canceling the dissolution of the environmentalist collective Earth Uprisings, pronounced in June by the Ministry of the Interior. This decision follows the examination of the merits of the case by the highest French administrative court.
In its decision, the Council of State emphasized that the dissolution of an association represents a serious attack on freedom of association and must be implemented only to avoid serious disturbances to public order. However, according to the court, “no provocation of violence against people can be attributed to the Earth Uprisings”, despite the relay of images of clashes between demonstrators and the police. The Council of State, however, recognized that the collective had engaged in provocations and violent acts against property.
This decision by the Council of State comes as a surprise, because the public rapporteur had spoken in favor of the dissolution during the examination of the merits of the case in October. The Ministry of the Interior had initiated the dissolution procedure after the violent clashes between gendarmes and opponents of the Sainte-Soline water reservoirs, which the executive had attributed to the movement.
However, the Council of State confirmed the dissolution of three other associations: the Coordination against Racism and Islamophobia (CRI), the Alvarium (a small ultra-right group based in Angers) and the GALE (Antifascist Group Lyon and surroundings). According to the court, these dissolutions were justified because of the activities and hate speech carried out by these associations.
It is important to emphasize that freedom of association is a fundamental principle recognized by the laws of the Republic, but it must also be regulated to avoid excesses and disturbances to public order. The decision of the Council of State in this case once again underlines the importance of a balance between freedom and responsibility in the exercise of the right of association.
It remains to be seen what the reaction of the Ministry of the Interior will be following this cancellation of dissolution. In the meantime, the Earth Uprisings can continue their activities, despite the provocations and violent acts committed by some of their members. It is now up to society to debate the legitimacy and limits of environmental action in the current context.