Judicial Review of Associative Agreements: Insights from a Civil Law Perspective
Journal
Societās: Exploring the Value of Freedom of Association
Publisher
School of Law, University College Cork
Date Issued
2026
Author(s)
Type
text::journal::journal article
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. Therefore, the problem is not whether the agreements of associations should be under judicial control, nor if members of associations have the right to an effective judicial protection and can appeal to the courts, or even if the courts can and should hear disputes arising withinTherefore, the problem is not whether the agreements of associations should be under judicial control, nor if members of associations have the right to an effective judicial protection and can appeal to the courts, or even if the courts can and should hear disputes arising within. ©The author ©
License
Acceso Abierto
How to cite
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.