Council of State suspends dissolution of two pro-Palestinian NGOs suspected of inciting hatred

The French Council of State, the country’s highest administrative court, suspended the dissolution of two pro-Palestinian associations decided by the Ministry of the Interior for accusations of inciting “hatred, discrimination and violence.”

In the Council of State’s view, the dissolution constituted and infringement of freedom of expression and association: the “Comité Action Palestine” and the “Collectif Palestine Vaincra” will therefore be able to continue their activities.

On 9 March 2022, the French Ministry of the Interior had decided to dissolve the “Comité Action Palestine” and the “Collectif Palestine Vaincra” following messages published by the two NGOs on their social networks containing comments deemed anti-Israel and calling for a boycott of the Jewish State.

The Council of State considered that these decrees violated freedom of expression. They were therefore annulled, and the State had to pay 3,000 euros in compensation to the two associations.

This decision is also noteworthy because it marks a change in jurisprudence, particularly on the issue of calls to boycott Israel. The latter was considered illegal in France until a decision by the European Court of Human Rights two years ago.

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