The law of may 23, 1991 on industrial unions provides, in article 35, a series of penal provisions notably in case of an offense to the constitution and union action, or even in case of union discrimination, for belonging to a trade union or not. In article 35.2, the same text provided that a fine or a prison sentence penalized “any action going against the law and related to union functions.” This was the provision censored by the Constitutional Court in a ruling rendered on May 13, 2008. First, the court said this provision didn’t meet the constitutional requirement of precise penal provisions (“no sentence without a text.”) The court ruled that this “general designation, allowing a broad interpretation of the extent of criminal offenses” was therefore contrary to the Constitution. Secondly, the Court said that this provision considerably limited union freedom, a principle with a Constitutional value. This limit has to respect the principle of proportionality, which wasn’t the case.
of criminal offenses” was therefore contrary to the Constitution. Secondly, the Court said that this provision considerably limited union freedom, a principle with a Constitutional value. This limit has to respect the principle of proportionality, which wasn’t the case.
Towards decriminalization. The bill replaces article 35.2 invalidated by the Constitutional Court by a provision which “penalizes with a fine or prison sentence for those who, leading union action, uses the union’s income for a
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