Processed complaints
The complaint, lodged on 27 April 2004, relates to Article 5 (right to organise) alone or in combination with Articles E (non-discrimination), G (restrictions) and I (implementation of the undertakings given) of the Revised European Social Charter. It is alleged that French legislation impairs the freedom to organise since Decree No. 89-1 on the National Council for higher education and research (Conseil national de l’enseignement supérieur et la recherche - CNESER) does not guarantee collective legal remedies.
- Case Document no. 1, Complaint registered at the Secretariat on 27 April 2004 (French only)
- Case Document no. 2, Observations from the French Government on the admissibility
- Case Document no. 3 Additional information from the Syndicats des Agrégés de l'Enseignement Supérieur (SAGES) on admissibility
- Case Document no. 4, Written submissions by the French Government on the merits
- Case Document no. 5, Response by SAGES to the written submissions by the French Government on the merits
The European Committee of Social Rights declared the complaint admissible on 7 December 2004
The European Committee of Social Rights concluded that there was no violation of Article 5 alone or in conjunction with Articles E, G and I of the Revised European Social Charter and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 1July 2005.
The Committee of Ministers adopted Resolution ResChS(2005)14 on 7 September 2005.
Decision on admissibility of the Complaint 26/2004
Decision on the merits of the Complaint 26/2004
Resolution ResChS(2005)14 of the Committee of Ministers on 7 September 2005
Department of Social Rights
Directorate General of Human Rights and Rule of Law
Council of Europe
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www.coe.int/socialcharter