Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - France (Ratification: 1951)

Article 2 of the Convention. In its previous comments the Committee noted that the Council of State decision of 16 December 2005 concerning Ordinance No. 45-2592 of 2 November 1945 had the effect of implicitly repealing section 10 of the Ordinance and thereby guaranteeing bailiffs’ right to organize as employers and the right to collective bargaining of their occupational organizations. The Committee notes the indication in the Government’s report that draft amendments to Ordinance No. 45-2592 are being prepared by the Chancellery, in cooperation with the Minister of Labour. The Committee requests the Government to provide information on any new developments concerning the amendments to Ordinance No. 45-2592 concerning the status of bailiffs.

The Committee recalls that a number of ordinances of 2 November 1945 concerning the status of other ministerial officers contain provisions similar to those of Ordinance No. 45-2592, thereby raising issues of compatibility with the Convention (Ordinances Nos 45-2590 concerning the status of notaries, 45-2591 concerning the status of solicitors and 45-2593 concerning the status of judicial auctioneers). The Committee requests the Government to indicate whether, in the light of the Council of State decision of 16 December 2005, measures have been taken to explicitly repeal the relevant provisions of Ordinances Nos 45‑2590, 45-2591, 45-2592 and 45-2593.