Compendium of Standards, Good Practices and Recommendations Moreover, as already outlined in “Chapter 5: Civil and Political Rights”, the exercise of the right may be restricted, but may not be entirely denied to members of the armed forces.250 Thus, the Court’s jurisprudence indicates that the armed forces are not allowed to absolutely prohibit their personnel from joining a group that was formed to protect their occupational and non-pecuniary interests. An absolute ban applicable in France was found to constitute an undue restriction on the freedom of association in a challenge brought by two associations (see Box 7.3).251 Following these rulings, and on the recommendation of the Conseil D’État, amendments to the Defence Code were introduced in 2015 permitting members of the Armed Forces to create and join professional military associations.252 Box 7.3: Freedom of association in the European Court of Human Rights253 Jean-Hugues Matelly, an officer in the gendarmerie (part of the French Armed Forces), who was employed as an accountant, was a founding member and vice-president of Forum Gendarmes et Citoyens, an association formed to provide a legal framework for an Internet forum enabling gendarmes and citizens to express themselves and exchange views. Other serving gendarmes were involved in the association as members, and some sat on its administrative board. The association’s objectives included “defending the pecuniary and non-pecuniary situation of gendarmes”. Soon after the association’s launch, Matelly and the other serving gendarmes who were members of the association were ordered to resign from it immediately, on the basis that the association resembled a trade union occupational group, prohibited under the Defence Code. The applicant resigned from the association and the offending objective was removed from the association’s constitution. The Conseil d’État, nonetheless, dismissed an application for judicial review of the order to resign. The European Court of Human Rights held that, although significant restrictions on the freedom of a professional association were permitted, these could not entirely deprive the association’s members of their rights under Article 11 of the Convention. The Court noted that, although the French State had put in place special bodies and procedures to take into account the concerns of military personnel,254 these measures could not substitute freedom of association rights for military personnel, which includes the right to form and join trade unions. 250 See: European Court for Human Rights, Matelly v. France, op. cit., note 2, paras. 57-58; and ADEFDROMIL v. France, op. cit., note 143. 251 Ibid. 252 “Contact with New French Professional Military Associations”, EUROMIL, http://euromil.org/contact-with-new-french-professional-military-associations/. 253 European Court for Human Rights, Matelly v. France, op. cit., note 2; and ADEFDROMIL v. France, op. cit., note 143. 254 Ibid., paras. 53-54. 115