Effect given to the recommendations of the committee and the Governing Body - Report No 336, March 2005

Case No 2233 (France) - Complaint date: 12-NOV-02 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 59. The Committee last examined this case at its November 2003 session [see 332nd Report, paras. 614-646, approved by the Governing Body at its 288th Session]. It concerned alleged restrictions on the right of bailiffs, as employers, to establish and join the organization of their own choosing and to their right to collective bargaining. On that occasion, the Committee requested the Government to amend Order No. 45-2592 of 2 November 1945, which regulates the status of bailiffs, so that bailiffs have the right to organize as an integral part of their status and are able freely to choose the organizations representing their interests in the collective bargaining process and that the organizations in question are exclusively employers' organizations which could be considered to be independent from the public authorities in that their membership, organization and functioning are freely chosen by the bailiffs themselves.
2. 60. In a communication dated 16 September 2004, the Government states that the matter had been referred to the Council of State in August 2003 by the Ministry of Employment, Labour and Solidarity and by the National Union of Bailiffs (SNHJ) appealing the decision of 20 May 2003 of the Paris Administrative Court of Appeal. The Government adds that the Council of State has not yet handed down a ruling on the matter and that this should take place soon. The Government also recalls that it has implemented the necessary steps to ensure that the rights to freedom of association and collective bargaining are respected.
3. 61. The Committee notes the information sent by the Government and requests it to inform the Committee of the ruling of the Council of State as soon as it is handed down.