Attack on the freedom of association, absence of sufficient elements to justify the decree, the Council of State considered that the conditions were met to respond favorably to the request for suspension of the dissolution of the Uprisings of the Earth. A provisional decision, pending a decision on the merits, in the fall.
What is reassuring in this decision is that the Council of State has the necessary discernment. He considers the actions of the Earth Uprisings to be legitimate.
Benoit Biteau
European deputy
A claimed member of the Uprisings of the Earth, present at the hearing on August 8th before the Council of State, the peasant from Sablonceaux (17) and European deputy Benoît Biteau is delighted with the decision announced on August 11th.
video duration: 00h00mn52s
Reaction of EELV MEP Benoît Biteau to the suspension of the dissolution of the Earth Uprisings by the Council of State • ©France 3 Poitou-Charentes
There is a serious doubt as to the qualification of provocation to violent acts against persons and property retained by the decree of dissolution.
Referee judges
Board of state
The request for dissolution was presented to the Council of Ministers on June 21. After the serious events that occurred in Sainte-Soline on March 25, the Minister of the Interior quickly announced that he wanted to dissolve the Earth Uprisingsco-organizers with the Bassines collective, no thank you! of the anti-basins demonstration.
“We have never made very significant degradations, we have never attacked human beings, except people who have nothing to do with the Earth Uprisings, who wanted to do battle with the forces of order. But that’s not the Earth Uprisings. The Council of State heard us! ” welcomes Benoît Biteau.
Two conditions were necessary to grant the request for suspension brought by the lawyers of the movement, and the appeals filed by Greenpeace, Extinction Rebellion, Notre affaires à tous, Alternatiba, the Syndicat des avocats de France, the Syndicat de la magistrature, the Union Syndicale Solidaires, the Gisti and Right to Housing: the urgency of the situation, and the doubt “seriouson the legality of the decree.
The judges held that “violation of freedom of association” brought about by the dissolution constituted an emergency situation.
As for acts that are violent or qualified as disturbing public order, the judges consider “the elements provided by the Minister of the Interior and Overseas Territories“insufficient to demonstrate them:”neither the documents added to the file, nor the exchanges during the hearing, allow to consider that the collective endorses in any way violent acts towards people“, specifies their decision.
The qualification of the actions of civil disobedience carried out by the Earth Uprisings have made the subject of a long debate during the hearing on August 8 before the Council of State: “sabotage” for the representative of the Ministry of the Interior, “disarmament” for the Uprisings, what makes the difference is the violence and the scope of these acts.
In their decision, the judges emphasize the symbolic nature, and the limited number of these acts: “actions promoted by the Earth Uprisings that have led to property damagewhich are part of the positions taken by this collective in favor of civil disobedience initiatives, of which it claims the symbolic nature, were in limited numbers. Given the circumscribed nature, nature and extent of the damages resulting from these attacks, the judges in chambers consider that the qualification of these actions as acts seriously disturbing public order within the meaning of 1° of article L. 212-1 of the Internal Security Code raises serious doubt.“
A hailed victory
Together we are a telluric force
Earth Uprisings
The collective immediately hailed the victory represented by this decision.
“Perhaps also that the citizens who let themselves be lulled by the speech of Mr. Darmanin who wants to tax us with eco-terrorists will understand that people who claim to be Earth Uprisings are worried about climate change and its consequences, and that rather than condemning them, we must hurry to join them“hopes the Green MP.
Today’s decision is suspensive, the Council of State will make a final decision on the merits in the fall.
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