Judicial review of associative agreements: insights from a civil law perspective

Anzures Gurría, José Juan

Judicial review of associative agreements: insights from a civil law perspective

Files

Societas WP21_Judicial Review_Jose Anzures Gurria.pdf(494.29 KB)

Published Version

Date

2025-01-01

Authors

Anzures Gurría, José Juan

Publisher

School of Law, University College Cork

Abstract

One of the protected areas under freedom of association concerns the ability of associations to organize themselves and make their own decisions without interference from third parties, mainly the State. This does not mean, however, that the associations' decisions are outside the law or that they cannot be appealed to the courts. But how far should the intervention or control of the courts over the actions of associations go? Freedom of association includes the autonomy of associations to self-organize, meaning state authorities must be kept away from any intervention in their internal activities. However, this does not mean that their actions are free from any intervention by state courts.1 There is no private dispute that can escape the control of the judiciary. Internal association agreements are no exception. Any decision taken by the association according to its organizational autonomy may be reviewable by ordinary courts.2 This does not mean that, once the association's internal instances have been exhausted without reaching the desired result, a member must go to court and request the rectification of the association's agreement. If a member contests a decision made by the association, it is because he does not agree with it. However, this does not mean it should be corrected by the courts.

Keywords

Associative agreements , Civil law , ~Law - Societās Working Paper Series~

Citation

Anzures Gurría, J. J. (2025) 'Judicial review of associative agreements: insights from a civil law perspective', Societās Working Paper 21/2025 (21pp). Cork: School of Law, University College Cork.