The complaint was registered on 10 June 2013. It concerns the military status granted to members of the National Gendarmerie precluding any right to organise. The complainant organisation alleges that the French Government, in deliberately subjecting the so-called “military” personnel of the National Gendarmerie, i.e. officers, NCOs and volunteers of the National Gendarmerie, to military regulations has violated Articles 5 (the right to organise) and 6 (the right to bargain collectively) of the Revised European Social Charter.

• Case Document no. 1, Complaint registered on 10 June 2013
• Case Document no. 2, Submissions from the Government on the merits  
• Case Document no. 3, Response from CESP  
• Case Document no. 4, Further response from the Government
• Case Document no. 5, Additional information from the Government  (French only)

The European Committee of Social Rights declared the complaint admissible on 21 October 2013.

The European Committee of Social Rights adopted its decision on the merits on 27 January 2016.

In its decision on the merits, the Committee unanimously concluded:

• that there is a violation of Article 5 of the Charter where the National Gendarmerie is functionally equivalent to a police force;
• that there is no violation of Article 5 of the Charter where the National Gendarmerie is functionally equivalent to an armed force;
• that there is no violation of Article 6§1 of the Charter;
• that there is a violation of Article 6§2 of the Charter

The Committee of Ministers adopted Resolution CM/ResChS(2016)5 on 5 October 2016

 Decision on admissibility of the Complaint 101/2013

 Decision on the merits of the Complaint 101/2013

 Resolution ResChS(2016)5 of the Committee of Ministers on 5 October 2016