the Council of State announces to suspend in summary proceedings the dissolution

the Council of State announces to suspend in summary proceedings

The Council of State announced this Friday, August 11, 2023 to suspend in summary proceedings the dissolution of the Uprisings of the Earth, which had been pronounced by decree, considering that the government has not provided proof that the environmental collective endorses ” violent acts towards people “.

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The judges in summary proceedings consider that there is a serious doubt as to the qualification of provocation to violent acts against the persons and property retained by the decree of dissolution “, Indicates the high administrative court.

The Council of State had been seized at the end of July according to an emergency procedure called “referred-suspension” by the Uprisings of the earth. Several associations and parties (including La France insoumise, EELV, Agir pour l’environnement…) as well as several thousand individuals joined in the appeal Earth Uprisings. This was aimed at the decree of dissolution issued on June 21 by the government, which accuses the collective of ” to call “to violence and there” participate “. “ What a great victory for freedoms and ecology! “, rejoiced Friday on X (ex-Twitter), one of the lawyers of the movement, Aïnoha Pascual. “ Justice has played its role of bulwark ” in the face of a government that wanted “ ban a group that bothers him politically “, estimated for her part the head of Europe Ecology-The Greens (EELV) Marine Tondelier.

A first step

The summary decision is only the “ first round of a very long legal battle “Recalled the Uprisings of the earth on Tuesday, before the summary hearing. The Council of State has yet to rule on the merits of the case. During Tuesday’s hearing where the two parties had presented their arguments, the judges of the Council of State had indicated in the preamble that whatever their decision on the interim suspension, that “ will not predict of that which will be rendered on the merits.

Neither the documents in the file, nor the discussions during the hearing, allow us to consider that the collective endorses in any way violent acts towards people “Said the Council of State on Friday in the press release accompanying its decision. The judges also consider that the actions promoted by the Earth Uprisings having led to attacks on property, which are part of the positions taken by this collective in favor of civil disobedience initiatives “, have been “ in limited numbers “.

The government announced its intention to dissolve this movement on March 28, a few days after violent clashes between gendarmes and opponents of the construction of water reservoirs in Sainte-Soline (Deux-Sèvres). In his decree, he states that “ this group incites the commission of sabotage and material damage, including by violence “. The Uprisings of the Earth consider that this dissolution is ” draconian, because it violates freedom of expression ” And ” to freedom of association “. They further assure that the facts with which they are charged are “ inoperative », « materially inaccurate “or are not to him” accountable “.

Read alsoIt’s not wind – The uprisings of the Earth

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