Compilation of decisions of the Committee on Freedom of Association

Dissolution and suspension of organizations11

Dissolution by legislative measures

1. 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.

1. 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.