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Road blockades part of freedom of expression and freedom of assembly
dublin |
bin tax / household tax / water tax |
opinion/analysis
Friday October 24, 2003 17:44 by lawyer
Road blockades part of freedom of expression and freedom of assembly It might be useful for activists to use a judgement of the European |
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Comments (6 of 6)
Jump To Comment: 1 2 3 4 5 6I think it's interesting to see the judgement in relation to road blockades. But in fairness, Joe and Clare were sent to prison for contempt of court. Politically and morally it was for engageing in blockades and protests, but unfortunatly, legally it was for contempt.
The decision mentioned above (see curia.eu.in/jurisp for the full judgement) doesn't quite say that we have a right to block roads. It arises from a case where an 'official' demo was held (they had a permit, announced it in advance, etc.) which required that a motorway was closed. A haulage company sued the Austrian gov afterwards saying that they should have banned the demo as it interfered with the free movement of goods (a right under EU law). The ECJ decided that by holding the demo the protesters were expressing freedom of assembly and speach (Art 10, 11 ECHR) and that the Austrian gov was allowed to permit the demo, not that it had to.
If you try using this for a blockading case the problem you're likely to run into is Lucas v UK in the European Court of Human Rights (http://hudoc.echr.coe.int/hudoc/ViewRoot.asp?Item=6&Action=Html&X=1024184255&Notice=0&Noticemode=&RelatedMode=0) arising from a blockade at Faslane Naval Base in Scotland where they held that the government were allowed to restrict the Art 10 & 11 rights (in the ways permitted in the text of those rights) and arrest someone who was blocking the road.
This judgement could be useful as part of a case and going from the principles behind the judgement, not relying just on the headline
but the second URL doesn't work (some error message about Fulcrum timing out). Also I changed your first URL to become a shorter link using makeashorterlink.com because it was wrapping the page weirdly. Any chance of more info on the second link?
Surely the same applies for the Orange Order? Look forward to Joe and Clare highlighting this injustice
but I reckon it's french.
The French have long needed a decision like this.
convenient that it's in Belgium.
Sorry, I'd got to that link through the search feature on the ECHR website and for some inexplicable reason the results seem to time out.
If you go to http://makeashorterlink.com/?D1B252456
and put in application number 00039013/02 then it will give you the case.
It appears also to be available in Word format at http://makeashorterlink.com/?N19222456
And iosaf - the precedent the Haulage company tried to use was Commission v France when France was found to be breaching right to free movement of goods by not doing enough to stop blockades of foreign goods by French workers!