GORZELIK AND OTHERS v. POLAND JUDGMENT
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3. Categories of associations requiring court registration, the procedure for such
registration and the manner in which activities of associations may be monitored shall
be specified by law.”
38. Chapter III of the Constitution, entitled “Sources of law”, refers to
the relationship between domestic law and international treaties.
Article 87 § 1 provides:
“The sources of universally binding law of the Republic of Poland shall be the
Constitution, statutes, ratified international treaties and ordinances.”
Article 91 states:
“1. As soon as a ratified international treaty has been promulgated in the Journal of
Laws of the Republic of Poland, it shall become part of the domestic legal order and
shall be applied directly, unless its application depends on the enactment of a statute.
2. An international treaty ratified after prior consent has been given in the form of a
statute shall have precedence over statutes where the provisions of such a treaty
cannot be reconciled with their provisions.
3. Where a treaty ratified by the Republic of Poland establishing an international
organisation so provides, the rules it lays down shall be applied directly and have
precedence in the event of a conflict of laws.”
B. The Law on associations
39. The relevant part of section 1 of the Law on associations reads:
“(1) Polish citizens shall exercise the right of association in accordance with the
Constitution ... and the legal order as specified by law.
(2) The [exercise of the] right of association may be subject only to such limitations
as are prescribed by law and are necessary for ensuring the interests of national
security or public order and for the protection of health and morals or for the
protection of the rights and freedoms of others.
(3) Associations shall have the right to express their opinion on public matters.”
The relevant part of section 2 provides:
“(1) An association is a voluntary, self-governing, stable union pursuing non profitmaking aims.
(2) An association shall freely determine its objectives, its programmes of activity
and organisational structures, and shall adopt internal resolutions concerning its
activity.”
The relevant part of section 8, in the version applicable at the material
time, read as follows:
“(1) An association shall register, unless otherwise provided by law.
(2) Registration of an association shall be effected by the registering regional court
(hereafter referred to as 'the registering court') within whose territorial jurisdiction that
association has its headquarters.