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    The legal landscape of freedom of association in Canada: The complex path to half of a constitutional freedom
    (School of Law, University College Cork, 2024-03-01) Newman, Dwight; Cahill, Maria; Ó Conaill, Seán; Newman, Dwight; McIntyre, Ruairí; Irish Research Council
    This paper examines freedom of association in Canada. In particular, it traces why Canada’s constitutional protection of freedom of association has developed only slowly and principally in the union context so far, reaching in a struggling way toward what I call “half a constitutional freedom”. Freedom of association appears in section 2(d) of the Canadian Charter of Rights and Freedoms, with that section protecting simply ‘freedom of association’. That Charter was adopted as part of major constitutional amendments in 1982. Canada did not previously have a written bill of rights within its Constitution, but the Charter became a constitutional bill of rights, with constitutional supremacy pursuant to section 52(1) of the Constitution Act, 1982, which states that ‘[t]he Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect’. Judicial interpretation of the clauses in the Charter thus matters immensely, and this paper principally traces the judicial interpretation of the freedom of association clause, considering why it has developed in the usual way that it has, which is as what I call a “forgotten freedom”. This is a concept pertinent to a number of freedoms of Canada’s Charter that have not received extensive scholarly or jurisprudential development.
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    Freedom of association in France: A freedom in danger?
    (School of Law, University College Cork, 2024-03-01) Barbé, Vanessa; Cahill, Maria; Ó Conaill, Seán; Newman, Dwight; McIntyre, Ruairí; Irish Research Council
    In France, freedom of association is protected since a law of 1901 (section 2) and has a constitutional and international value (section 3). However, there are many justifications for the dissolution of associations (section 4), the number of which has increased since 2017 (subsection 4.1). This paper analyses a recent modification of the law of associations in 2021, through the case of the dissolution of an undeclared association which is accused to ‘provoke violent acts against persons or property’ (subsection 4.2). Another modification in 2021 deals with the public funding of associations, with the establishment of the ‘republican commitment contract’ that associations must sign before applying for a public subsidy (section 5). Freedom of association seems to be in danger in France because of the multiplication of legal restrictions on this freedom, justified by its ambiguous nature (section 6).
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    Freedom of association in Peru
    (School of Law, University College Cork, 2024-03-01) Orbegoso Silva, Miluska; Cahill, Maria; Ó Conaill, Seán; Newman, Dwight; McIntyre, Ruairí; Irish Research Council
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    Freedom of association in Italy: Genesis, evolution and limits of protection of associations in the Italian legal system
    (School of Law, University College Cork, 2024) Monti, Matteo; Cahill, Maria; Ó Conaill, Seán; Newman, Dwight; McIntyre, Ruairí; Irish Research Council
    This paper aims to provide an overview of freedom of association in Italy and to also cover the issues of ‘social groups’ (organisations or communities standing between the individual and the State, including family, religious communities, associations and political parties)1 and of the rights of associations in the Italian legal system. It will develop the issue from a constitutional law perspective, although there are other equally interesting perspectives: the civil law analysis of associations; the commercial-tributary analysis of the economic-fiscal activities of associations; the labour law analysis of work relations in associations; the criminal law analysis of crimes related to associations and their enforcement. The focus of the paper will instead be mainly on the fundamental right to freedom of association in the Italian legal system, albeit issues relating to other areas of law will also be touched upon. From a methodological point of view, the contribution offers an analysis conducted within the categories of Italian constitutional law. In order to address the typical problems of comparative law, which first and foremost are the translation2 and conceptualisation of national legal categories,3 categories deriving from Western legal systems that share similar legal notions will also be used to explain Italian legal categories, and a lexicon consistent with that of the European Convention on Human Rights (ECHR) will be employed. The paper is structured into three additional sections and some brief conclusions. Section 2 contains a description of the historical evolution of freedom of association in the Italian legal system, its formalisation in the 1948 Italian Constitution (IC) and the rationales behind its protection. In section 3, the limits on freedom of association in the Italian legal system are analysed, looking at the subjects that enjoy this right, prohibited associations and compulsory associations. Section 4, on the other hand, will address the issue of the rights in associations and the rights of associations, focusing on compulsory associations and so-called tendency organisations (a legal category comparable to the German legal category of Tendenzbetrieb). In the conclusions, some recent trends in the area of freedom of association will be summarised, along with an overview of some recent legislative activities.