Bin Tax / Household Tax / Water Tax Public Private Partnerships are already privatising our public water system 13:00 Dec 19 0 comments Irish Water: Killing off conservation and the real agenda behind water charges 12:03 Jan 18 2 comments RTÉ Primetime Parrots State Propaganda on Water Charges 19:39 Dec 14 1 comments Defeating the water charges - Don’t be fooled by the concessions 23:28 Dec 02 0 comments Water Charges and TTIP! 01:15 Nov 16 0 comments more >>Blog Feeds
Anti-EmpireUkraine Buys Huge Amounts of Russian Fue... Fri Jan 20, 2023 08:34 | Antonia Kotseva Turkey Has Sent Ukraine Cluster Munition... Thu Jan 12, 2023 00:26 | Jack Detsch New Israeli Government Promises to Talk ... Tue Jan 10, 2023 21:13 | Al Majadeen Russia Training Iranian Pilots Ahead of ... Tue Jan 10, 2023 15:19 | The Times of Israel Lukashenko Abolishes Copyright Protectio... Tue Jan 10, 2023 15:05 | Nikki Main
Human Rights in IrelandA Blog About Human RightsUN human rights chief calls for priority action ahead of climate summit Sat Oct 30, 2021 17:18 | Human Rights 5 Year Anniversary Of Kem Ley?s Death Sun Jul 11, 2021 12:34 | Human Rights Poor Living Conditions for Migrants in Southern Italy Mon Jan 18, 2021 10:14 | Human Rights Right to Water Mon Aug 03, 2020 19:13 | Human Rights Human Rights Fri Mar 20, 2020 16:33 | Human Rights
Lockdown Skeptics
Are We Being Gaslit Over the Cause of the Princess of Wales?s Cancer? Fri Mar 29, 2024 07:00 | Melissa Kite
News Round-Up Fri Mar 29, 2024 00:04 | Richard Eldred
Women?s Team with Five Male Players Wins Football Competition After One Male Player ?Broke Opponent?... Thu Mar 28, 2024 19:30 | Will Jones
Further Evidence Gaza Casualty Numbers Are Fake Thu Mar 28, 2024 17:36 | Will Jones
Don?t Be Fooled by the ?Britain is Growing? Fairytales Thu Mar 28, 2024 15:22 | David Craig
Voltaire NetworkVoltaire, international editionMoscow attack reminds us of the links between Islamists and Kiev's fundamentalis... Tue Mar 26, 2024 06:57 | en Failure to assist a people in danger of genocide, by Hassan Hamadé Tue Mar 26, 2024 06:32 | en Yugoslavia March 24, 1999 The Founding War of the New Nato, by Manlio Dinucci Sun Mar 24, 2024 05:15 | en France opposes Russian Korean-style peace project in Ukraine Sat Mar 23, 2024 11:11 | en Voltaire, International Newsletter N°79 Fri Mar 22, 2024 11:40 | en |
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 |
View Comments Titles Only
save preference
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!