Interview with the author: Thibaut Guillet

In a few sentences, how would you describe the situation of freedom of association in Europe?
Freedom of association is a fundamental freedom which is strongly protected by law in the European Union member States that ratified international and European instruments for the protection of Human Rights. This freedom is globally very well respected by authorities, which do not interfere with – or only very little – the constitution of associations, or in associations’ activities. Due to these guarantees, freedom of association is an extremely popular concept amongst citizens of the European Union. Many are active in associations that support philosophical, religious, sports and cultural ideals, or which defend rights. The number of registered associations is over 3 million in the twenty-seven countries of the European Union, and this figure is only a small part, for Anglo-Saxon tradition does not see the necessity of registration formalities for associations.
 
What is the main positive point in the current situation?
Contrary to the “authorization” regime that prevails in southern Mediterranean countries – where the creation of an association is subject to prior authorization from authorities – the right to associate in Europe is generally founded upon a “declaration” principle, which lays down no conditions for the creation of an association. The registration of an association simply consists in notifying/informing authorities of the existence of the association. Once informed, the authorities give the association a legal status – distinct from that of its members – which allows it to deal with third parties.
 
The main negative point?
The fight against terrorism has brought about many restrictions on freedom of association which, when added to other discriminatory measures, have led to disproportional consequences for minorities. Targeted sanctions have been carried out against “blacklisted” associations (associations suspected of terrorism), including restrictions on members’ freedom to move and the freezing of funds. Like other studies carried out before it, ours shows that the principle of pre-eminence of law is not respected in the elaboration of these “blacklists”. These decisions are taken by the political bodies, without respect for the right of defense, or even the right to an effective remedy.

Moreover, these past years have seen the birth of new restrictions against minority associations (national, religious, sexual, etc.). Most often based on security-related motives, these restrictions are sometimes the consequence of discriminatory behaviors that are particularly deeply rooted in certain regions. 

What are the main obstacles to the normal use of the freedom of association in Europe?
Sanctions carried out within the framework of the fight against terrorism do not guarantee the fundamental right to procedure, or just barely. Recently, this has been slightly reinforced, but remains insufficient as regards the right to a fair trial (as guaranteed by Article 6 of the European Convention of Human Rights). It is indispensable that in the elaboration of these “blacklists”, fundamental rights, whether substantial or legal, be respected.
Furthermore, particular attention must be paid to the respect of minority rights, as established by a judgment by the European Court for Human Rights in 1976 (CrEDH, Handyside, December 7th, 1976), whereby “without pluralism, tolerance and open-mindedness, democracy can not exist”. Not only must authorities not impede the freedom of association of minorities, they must take positive measures to create a favorable environment. 

What is your personal opinion about the future of freedom of association?
The situation on freedom of association is particularly preoccupying, for it is affected by a general context, where we are witnessing the loss of fundamental rights further to the events of September 11th, 2001. It is essential that the fight against terrorism integrate the principles of the constitutional state, for the very credibility and effectiveness of such sanctions are at stake. In the same manner, Europe must not forget that it derives its particularity from the fact that it was able to unite various cultures and traditions on the basis of common values. It must encourage its population to emphasize their differences, for they are a source of wealth for all.