Since 2021, the law has enabled the dissolution of associations or de facto groups that incite violence against people or property (1) . In response to an appeal by four dissolved organisations, the Conseil d'État today clarified how these provisions should be applied. An organisation may be dissolved if it explicitly or implicitly incites acts of violence likely to cause serious disruption to public order. Publicly condoning serious violence or failing to moderate material on its social networks that explicitly incites violence may constitute just cause. It is also possible to dissolve an organisation or group that incites or supports discrimination, hatred or violence against people based on their origins or identity (2) . After assessing the seriousness of the incitement charges against these four organisations, the Conseil d'État annulled the dissolution of Soulèvements de la Terre ("Uprisings of the Earth") but upheld the dissolution of GALE (Groupe Antifasciste Lyon et Environs [Greater Lyon antifascist group]), Alvarium and CRI (Coordination contre le Racism et l'Islamophobie [group against racism and Islamophobia]).
Between 2021 and 2023, the Government dissolved several organisations and groups, including Soulèvements de la Terre , GALE , Alvarium and CRI. Each of these organisations appealed to the Conseil d'État to annul its dissolution.
Criteria for defining what constitutes incitement to violence against people and property
The Conseil d'État noted that a dissolution order presents an extreme restriction on the freedom of association, which is a fundamental principle recognised by the laws of the French Republic. It can, therefore, only be enacted to prevent serious disruption to public order.
The Conseil d'État today clarified the criteria that must be met to justify dissolution under the provisions of point 1 of article L. 212-1 of the French Internal Security Code, which allows for the dissolution of an organisation if it incites violence against people or property. The judge found that dissolution is only justified when an organisation or group incites people to commit acts of violence against people or property (explicitly or implicitly, through words or deeds), publicly legitimises particularly serious acts or fails to moderate explicit incitement to commit acts of violence published on its social media.
Dissolutions justified in three cases
The Conseil d'État ruled that the dissolutions of GALE, Alvarium and the CRI were appropriate, necessary and proportionate to the seriousness of the disturbances likely to be caused to public order.
GALE had published images of violence against police officers, along with hateful and insulting text, as well as messages that condoned and justified serious violence against extreme right-wing activists, leading to calls for violence that the group did not attempt to moderate. The Conseil d'État ruled that the group's dissolution, based on point 1 of article L. 212-1, was not illegal.
Alvarium, which has links with groups that encourage discrimination, had published messages justifying discrimination and hatred towards foreigners and French people of immigrant origin, by depicting them as delinquents or criminals, Islamists or terrorists. The Conseil d'État ruled that the dissolution of the group, based on point 6 of Article L. 212-1, was not illegal.
The CRI had published comments promoting the idea that the public authorities, as well as many political parties and the media, were systematically hostile to Muslims and used anti-Semitism against them. These publications led to numerous anti-Semitic, insulting comments and instances of hate speech, which the organisation did not attempt to contradict or remove. The Conseil d'État ruled that the dissolution of the group, based on point 6 of Article L. 212-1 was not illegal.
Inciting violence against property does not justify dissolution
The Conseil d'Etat took the view that Soulèvements de la Terre could not be accused of inciting violence against individuals. Sharing images - albeit with a certain complacency - of demonstrators protesting against the construction of reservoirs in Sainte-Soline clashing with police, cannot be considered condoning, approving or justifying those clashes.
On the other hand, it found that Soulèvements de la Terre had incited acts of violence against property, which falls within the scope of point 1 of article L. 212-1 of the French Internal Security Code. However, it ruled that the dissolution of Soulèvements de la Terre was not appropriate, necessary and proportionate to the seriousness of the disturbances likely to have been caused to public order, in light of the actual effect that their incitement to violence against property probably had on the date the contested decree was issued.
For these reasons, the Conseil d'État annulled the decree dissolving Soulèvements de la Terre but rejected the appeals by GALE, Alvarium and CRI.
Decisions (November 9, 2023)
Nos. 476384 et seq., Les Soulèvements de la Terre et al.;
No. 464412, Mr Y et al. (Groupe Antifasciste Lyon et Environs);
No. 460457, Mr X (Alvarium);
No. 459704 and 459737, organisation Coordination contre le Racisme et l’Islamophobie et al.,
(1) Point 1 of article L. 212-1 of the French Internal Security Code
(2) Point 6 of article L. 212-1 of the French Internal Security Code